WASHINGTON --- The Brady Center to Prevent Gun Violence today announced the organization’s support for the confirmation of Elena Kagan as an associate Justice of the U.S. Supreme Court. Brady Center President Paul Helmke made the following statement:
“Before the confirmation hearings, we were encouraged that Elena Kagan appeared to be closely involved and supportive of the Clinton Administration’s aggressive response to the nation’s gun violence epidemic.” Helmke said. “Her testimony has provided ample reason to think that she will interpret and apply the Second Amendment consistent with the urgent need to keep dangerous weapons out of the hands of dangerous people.
“We were pleased to hear nominee Kagan recognize that Justice Scalia’s 2008 Heller opinion was a reversal of 70 year-old Supreme Court precedent, in U.S. v. Miller, holding ‘that the Second Amendment did not protect such a right.’ It is true, as nominee Kagan says, that Heller is the law of the land. However, as she also noted, Miller was the acknowledged law of the land for seventy years before Heller.
Fortunately, the Heller majority, in words echoed in this week’s McDonald v. City of Chicago decision, made clear this new right is not absolute and remains subject to reasonable regulation in the interest of public safety.
“This nominee has conducted herself admirably during her confirmation hearings. We believe she should be confirmed, and if she is, will serve impressively on the Court."