Fired up, for due process for judicial nominee

On Monday, defending his decision to oppose the nomination of Clark County District Judge Elissa Cadish to the federal bench, U.S. Sen. Dean Heller told the Review-Journal: "I'm a supporter of the Second Amendment. I support the Constitution. I believe it's (the right to keep and bear arms) a constitutional right, not a case-by-case right."

You know what? I agree with him.

You know what else? I disagreed with the position Cadish expressed in 2008 on a questionnaire distributed by the group Citizens for Responsible Government.

When she was asked if she believes there's a personal right to own firearms in the Second Amendment, Cadish wrote: "I do not believe that there is this constitutional right. Thus, I believe that reasonable restrictions may be imposed on gun ownership in the interest of public safety. Of course, I will enforce the laws as they exist as a judge."

Respectfully, I think the plain text of the Second Amendment speaks for itself.

In fact, I'm willing to bet I'm an even bigger supporter of the Second Amendment than is Heller. (I can't be sure. I posed a series of specific questions to Heller through his spokesman, but never heard back.)

For the record, I think civilians should have the right to purchase fully automatic military rifles, such as the AK-47, the M-16, the M-4 carbine, the H&K MG4, the Styer AUG, and even a belt-fed M-60. Moreover, I don't think you should have to register your new toy with the government or get a special federal firearms license, either.

I think civilians should be allowed to purchase submachine guns, too, such as the H&K MP5, the Beretta M12, the Uzi and the Walther MP. And not just the semi-automatic versions, either.

I think civilians should be allowed to buy as much and as many types of ammo as they want, including steel-core, hollow-point, armor-piercing, subsonic and incendiary rounds.

You want a silencer and a threaded barrel for your pistol? I'm all for it. You want a large-capacity magazine? Go right ahead. You want the fully automatic Glock 18? Knock yourself out.

Why am I boring you with my latent gun nuttery? Only to say this: If as big a fan of guns and the Second Amendment as I can say that Cadish deserves to have her nomination considered by the Senate Judiciary Committee, then so should Heller.

Because in addition to believing in the Second Amendment, I believe just as firmly in the importance of smart judges. And from everything I can discern, Cadish is one.

I take her at her word that she will enforce the laws as written. Cadish said in a letter to Sen. Harry Reid that two Supreme Court cases -- decided after her 2008 statement -- have made clear there is a personal right to own firearms. If that issue were to come before her today, I believe she'd follow those precedents.

When I took civics in high school, I learned about senatorial privilege, the honor of the senior senator of the president's party to suggest judicial nominations to the White House. I never learned about the Senate tradition of the "blue slip," in which a junior senator of the opposite party can block a nominee by refusing to sign off. It's neither a law nor a Senate rule, it's just a tradition.  

It's past time to change that tradition. If Heller isn't satisfied with Cadish's qualifications, he's free to so testify before the Judiciary Committee or on the Senate floor.

But this Second Amendment-supporting gun lover says Cadish should get a chance to defend herself. And Dean Heller should, too.

Steve Sebelius is a Review-Journal political columnist, and author of the blog SlashPolitics.com. Follow him on Twitter (@SteveSebelius) or reach him at (702) 387-5276 or ssebelius@reviewjournal.com.