Hutchison, Cornyn Vote Against Holder Nomination

President Obama's nomination for Attorney General confirmed 75-21, despite Texan "nays"

WASHINGTON, DC, Feb. 2, 2009 -- Eric Holder, President Barak Obama's choice for Attorney General, was confirmed yesterday on a 75-21 vote, confounding intense lobbying efforts of gun rights groups across the country.

Both Texas Senators Kay Bailey Hutchison and John Cornyn voted against Holder's appointment, which passed with the support of all 54 Democratic senators voting, both Independents, and 14 Republican senators.

On her vote against Holder, Hutchison said "One of the most important liberties we have under the Constitution is an individual’s right to keep and bear arms, guaranteed in the Bill of Rights. I am deeply concerned about Eric Holder’s expressed view that the Second Amendment is a collective right that does not specifically apply to individuals.

"He stated in a brief to the Supreme Court that ‘the Second Amendment does not protect firearms possession or use that is unrelated to participation in a well-regulated militia.’ This interpretation would allow a local or state government to ban handguns that thousands of people own today for protection of their homes. His position stands in opposition to the Supreme Court’s 2008 ruling that affirms the right to bear arms as an individual right protected by the Constitution,”

“The Attorney General must enforce the laws of the land and advise the President on legal and constitutional matters. I believe Mr. Holder is an intelligent, experienced, and thoughtful candidate. But after careful examination of his public statements and positions on constitutional liberties, such as the Second Amendment, I could not in good faith support his nomination to the Office of Attorney General.”

Senator Cornyn did not issue a statement regarding his vote.