Rybar

Even Sen. Tom Coburn (R-OK) has acknowledged that Alito “was legislating” from the bench in Rybar.

Think Progress » Sen. Coburn (R-OK) Admits Alito Legislated From The Bench 2005

Community safety: Alito, dissenting in the case of United States v. Rybar, said that Congress does not have the power under the Commerce Clause to restrict the transfer and possession of machine guns at gun shows.

The Courts 2009

There is nothing "restrained" about his opinions proposing to strike down one federal law banning machine guns for exceeding Congress's power under the Commerce Clause (U.S. v. Rybar, 1996); to strike down another mandating employers to grant medical leave to parents of newborn children for exceeding Congress's power under the Fourteenth Amendment (Chittister, 2000); and to construe regulatory and civil rights laws so restrictively as to frustrate their purposes.

Balkinization 2006

Rybar was illegally selling the weapons in 1992 at a gun show in Pennsylvania, adding yet another example of such events 'well deserved reputation as Tupperware® Parties for Criminals.

Josh Sugarmann: "Say Hello to My Little Friend"-- Judge Alito and Federal Gun and Explosives Laws 2008

Let's talk about a case you considered -- United States v. Rybar.

Balkinization 2006

An honest answer, not that it would be forthcoming, would refer to the judge's overall vision of what the Constitution is about -- at which point it would seem appropriate to follow up by asking Judge Alito to describe that vision in a way that would explain why he was right in Rybar and his colleagues were wrong. continue reading ...

Balkinization 2006

If Judge Alito's views on firearms and public safety, as expressed through his minority opinion in U.S. v. Rybar, became the law of the land, all Americans would be at greater risk from virtually uncontrollable firearms proliferation.

Josh Sugarmann: "Say Hello to My Little Friend"-- Judge Alito and Federal Gun and Explosives Laws 2008

Rybar challenged the constitutionality of the ban on two grounds.

Josh Sugarmann: "Say Hello to My Little Friend"-- Judge Alito and Federal Gun and Explosives Laws 2008

The majority's 1996 opinion in U.S. v. Rybar upheld the conviction and ruled that the machine gun prohibition was a permissible regulation of an activity that substantially affected commerce.

Josh Sugarmann: "Say Hello to My Little Friend"-- Judge Alito and Federal Gun and Explosives Laws 2008

In his dissenting opinion in the 1996 federal court case U.S. v. Rybar, Alito urged that the 1986 federal ban on machine guns be struck down.

Josh Sugarmann: "Say Hello to My Little Friend"-- Judge Alito and Federal Gun and Explosives Laws 2008