July 31, 2017

Stand Your Ground Declared Unconstitutional by Activist Judge

Timothy Birdnow

A Florida judge has ruled an updated "stand your ground" law unconstitutional.

According to the Miami Herald:

"Florida’s updated "Stand Your Ground” self-defense law is unconstitutional, a Miami judge ruled on Monday.

Miami-Dade Circuit Judge Milton Hirsch ruled that lawmakers overstepped their authority in modifying the law this year to force prosecutors to disprove a defendant’s self-defense claim at a pre-trial hearing.

The judge ruled that under Florida’s constitution, that change should have been crafted by the Florida Supreme Court, not the Legislature.

"As a matter of constitutional separation of powers, that procedure cannot be legislatively modified,” Hirsch wrote in a 14-page order.

The ruling is a victory for prosecutors who have firmly opposed a law they believe makes it easier for defendants to get away with murder and other violent crime.

Hirsch’s ruling isn’t binding – other trial courts across Florida can follow the law if they choose. But it does get the ball rolling on the appeals process, and possibly getting the law reviewed by the Florida Supreme Court."

End excerpt.


You mean to tell me that in Florida the Supreme Court crafts legislation? That means the Courts RULE Florida, acting as both Judiciary and Legislature. Why have a republican form of government at all?

This is typical of the Left, which is perfectly happy to overrule the voters when it is one of their sacred oxen being gored. They talk a good game about the sanctity of the vote and how America needs more participation, yet when it comes down to it they reserve the right to overrule the public when it suits them.

Hopefully the Florida Supreme Court will overturn this ruling.

Ever since Trayvon Martin was shot in a "stand your ground" case the liberals have hated this law and tried to kill it. Liberals prefer people to be at the mercy of criminals and, of course, of the State.

I wonder if this judge has a concealed carry permit? It's customary for liberals to exempt themselves from the very things they impose on others.

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