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"I believe that a remand is a wasteful expenditure of judicial resources and an unnecessary and uninvited burden on the parties. The district court is in no better position than we are to decide either the statutory or constitutional questions presented in this case. In my view, the most appropriate disposition of this case would be to affirm the district court's dismissal of appellant's claims on the ground that the ADEA does not apply to employment suits brought against religious institutions by their spiritual leaders. Because the majority's contrary approach disregards a clear and voluntary waiver, conflicts with RFRA's text and with binding precedent, and unnecessarily resolves a contested constitutional question, I respectfully dissent."
"I believe that a remand is a wasteful expenditure of judicial resources and an unnecessary and uninvited burden on the parties. The district court is in no better position than we are to decide either the statutory or constitutional questions presented in this case. In my view, the most appropriate disposition of this case would be to affirm the district court's dismissal of appellant's claims on the ground that the ADEA does not apply to employment suits brought against religious institutions by their spiritual leaders. Because the majority's contrary approach disregards a clear and voluntary waiver, conflicts with RFRA's text and with binding precedent, and unnecessarily resolves a contested constitutional question, I respectfully dissent."
===Second Amendment===
Independence Institute Research Director Dave Kopel said that Sotomayor's opinions "demonstrate a profound hostility to [[Second Amendment]] rights." Maloney v. Cuomo ruled that the Second Amendment does not apply against state and local governments. Sotomayor and the Second Circuit held, ''"It is settled law that the Second Amendment applies only to limitations the federal government seeks to impose on this right."'' This contrasted with the Ninth Circuit decision on Nordyke v. King which upheld the Second Amendment as a deeply held right embodied in the Constitution that transcends state law. <ref>[http://www.newsmax.com/insidecover/sotomayor_gun_rights/2009/05/27/218441.html Sotomayor Hostile to Gun Rights, Scholar Says] Newsmax, May 27, 2009</ref>
===Free Speech===
===Free Speech===