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Thursday, July 23, 2009 3:47 PM

The National Rifle Association will factor senators' votes on Sonia Sotomayor's confirmation into its "future candidate evaluation," Executive Vice President Wayne LaPierre and chief lobbyist Chris Cox said in a letter to Senate leadership today.

The letter intensifies the NRA's formal opposition to the nominee and reiterates the organization's concerns with Maloney v. Cuomo, in which an appellate panel that included Sotomayor affirmed a lower court's ruling that the Second Amendment does not apply to the states. A statement by the NRA last week and a letter to the Senate Judiciary Committee leadership July 7 made similar points.

"We believe any individual who does not agree that the Second Amendment guarantees a fundamental right and who does not respect our God-given right of self-defense should not serve on any court, much less the highest court in the land," Cox and LaPierre wrote in the letter sent today.

With Sotomayor's confirmation seemingly a foregone conclusion, the NRA -- and conservative groups like the Third Branch Conference and Committee for Justice -- are focusing more on something they think they can influence: future judicial nominations. "If several red-state Democrats vote against Sotomayor because of her bad Second Amendment record, it will forever shift the nominations game and you can bet President Obama will be careful not to nominate someone who is hostile to the Second Amendment," said Curt Levey, executive director of the Committee for Justice.

Gun rights are a top concern among Republican senators who have announced they will oppose Sotomayor. It was the first specific issue raised in the remarks by Roger Wicker of Mississippi, John Thune of South Dakota and Robert Bennett of Utah. Judiciary Committee member Jon Kyl of Arizona commented on Maloney with a reference to District of Columbia v. Heller, a 2008 Second Amendment case: "If Judge Sotomayor's decision were allowed to stand as precedent, then states will, ironically, be able to do what the federal District of Columbia cannot -- place a de facto prohibition on the ownership of guns and other arms."

Senators who have announced their intent to vote for Sotomayor haven't placed as much emphasis on the issue. Sen. Lindsey Graham, R-S.C., a key GOP Judiciary Committee member, went so far to say Wednesday that Sotomayor may be "more balanced" than retired Justice David Souter when it comes to the Second Amendment. No red-state Democrats who conservative groups have said could face pressure from the NRA, such as Blanche Lincoln of Arkansas and Byron Dorgan of North Dakota, have announced how they will vote yet.

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