Anti-Gunners on Alito

The Brady Bunch has interesting interpretations of what some cases before the court are about. If fact they seem to totally miss the reasoning due to their excessive anti-gun views.

In the Rybar case, Judge Alito concluded that the federal machine gun ban is an unconstitutional exercise of Congressional power under the Commerce Clause. Alito attempted to erect arbitrary hurdles to Congressional efforts to reduce the availability of machine guns to the criminal element. In unusually harsh language, the Rybar majority criticized Alito's dissent as having "no authority" in the law and "run(ning) counter to the deference that the judiciary owes to its two coordinate branches of government...."

Odd though when a Blawg such as the Volokh Conspiracy looks at the same thing, they don't even see it as being a discussion on gun rights.

In United States v. Rybar, Judge Alito's dissent persuasively argued that the Supreme Court's precedent in Lopez meant that Congress could not ban the simple possession of machine guns--at least not without an assertion of a basis of federal jurisdiction and Congressional findings about the effects of machine guns on interstate commerce. While Judge Alito's dissenting opinion did not carry the day, the dissent was hardly an outlier among federal judges.

The case was about the commerce clause. But I suppose the Brady Bunch would prefer a distorted reading of the Constitution to further their aims rather than working within the laws of the country.

SayUncle also points to DiFi probably will be going off on this topic.

DiFi also plans on addressing it in the hearings:

A gun-control activist and author of the now-expired ban on assault weapons, Feinstein singled out a case in which Alito argued in a 3rd Circuit dissent that a federal ban on machine guns was unconstitutional. Feinstein said she is concerned that that opinion "demonstrates a willingness to strike down laws with which you personally may disagree by employing a narrow reading of CongressÂ’ constitutional authority to enact legislation."

Narrow reading? ThatÂ’s quite laughable since congress has widened the commerce clause to encapsulate everything.

Is it me or is this just so very very predictable. It's not at all about whether Alito is qualified, it's about whether the pet peeves of the politico's will be threatened by actual honest interpretation of the constitution.