I previously posted about Governor Sunna’s nomination of Bobbie Hantz Marconi to the New Hampshire Supreme Court here and here. In brief, I was of the opinion that Sununu was playing identity-politics along the lines President George W. Bush played when he nominated Harriet Miers to the United States Supreme Court because Marconi has no experience in or interest in constitutional law.
I truly hate to say I told you so, given how rare and crucial supreme court appointments are, but I told you so
At Marconi’s hearing, per New Hampshire Public Radio:
Hantz’s view that the Second Amendment is both a “collective” and an individual right sounds like an attempt to please both sides of the debate, rather than something she has given much, if any, thought to or studied.
If the Second Amendment is a “collective right,” that is, a right of the State -that cannot be abridged by the federal government- to maintain its own military force, then the State in the exercise of that right could regulate the ownership and use of guns by its citizens up to and including banning private gun ownership altogether. In other words, it is one or the other. The Second Amendment cannot simultaneously be a right of the State to maintain its own independent military force and a right of its citizens to bear arms because the two rights are inconsistent with each other.
More troubling is that Marconi has not read the Heller decision. In the words of thankfully departed John Boenher, “are you kidding me”?
Heller, in the opinion of many constitutional scholars, was one of the most important United States Supreme Court decisions ever issued. It remains extremely relevant as the parameters of the decision continue to be defined by lower courts. To have never read Heller, or to only have read it cursorily, shows a stunning lack of interest in constitutional law.
I am sure that Marconi is a wonderful person and very competent in the areas of law she practices, but she does not belong on New Hampshire’s supreme court.
What is perhaps even more troubling is that Executive Councilor Andru Volinsky, who waged a scorched earth campaign to prevent Frank Edelblut from becoming commissioner of the Department of Education because he believed Edelblut would not continue bureaucratic business as usual, voted for Marconi. Rest assured that if Mr. #VolinskyAgenda believed that Marconi were a judicial conservative (that is a judge who does not rule based on political considerations) who would oppose and expose judicial activism he not only would have voted against her, he would have tried to “Bork” her like he tried to “Bork” Edelblut.
In short, Sununu appears to have wasted a Supreme Court pick in order to avoid a fight with Volinsky and/or appear “bipartisan,” and/or appease the New Hampshire Bar and the GOP establishment.