Posted on 07/03/2017 10:44:16 AM PDT by rarestia
MIAMI --
A judge has ruled that Florida's lawmakers overstepped their authority in updating the state's "Stand Your Ground" ruling.
Ruling issued Monday by Miami-Dade circuit judge Was signed into law in June by Gov. Rick Scott
In ruling the law unconstitutional, Miami-Dade Circuit Judge Milton Hirsch said Monday that the changes should have been crafted by the Florida Supreme Court instead of by the Legislature.
The Miami Herald reports that the 14-page order is a victory for prosecutors who have firmly opposed the law.
Critics have said the law makes it easier for defendants to get away with murder and other violent crimes.
The Legislature modified the 2005 statute and Gov. Rick Scott signed it into law in June. The bill was backed by the National Rifle Association.
Under the law, prosecutors must prove by "clear and convincing" evidence that someone wasn't acting in self-defense.
Another rogue judge usurping legislative authority. Judicial tyranny seems to be the status quo. We are being ruled by wizards in black robes.
Is this satire?
the changes should have been made by the court
!!!!!!! HUH.
This judge needs to be removed ASAP, and yet again we see yet another judge from a liberal part of a state ruling as if he as ot read the law , or the Constitution.
Wow unconstitutional, meaning the Stata of Florida constitution? I assume this is going to the Florida Supreme Court. Not sure the make up there.
An elected judge.
If I remember correctly, wasn’t the “Duty to flee” laws written to prevent blacks from defending their homes from the boys in the white hoods?
“Miami is not, and has never been, a sanctuary city,” Hirsch wrote in his ruling. “But America is, and has always been, a sanctuary country.”
Wow.
Pfft. It’s a 4 door. Sucks.
I would say, “Impeach this judge!”
Another judge who is confused as to what his job is.
He thinks he’s a legislator.
So a CIRCUIT Judge thinks that he outranks the ELECTED REPRESETNATIVES of the PEOPLE?
He needs to be run out of office on a rail.
Since it’s a completely inept ruling, I imagine it will crash and burn long before it gets to the Supremes.
They do have a coupe but I like the 4 door design better. To each his own.
Judge Milton Hirsch said Monday that the changes should have been crafted by the Florida Supreme Court instead of by the Legislature.
Uhmmmm.....?
My 8th grade civics teacher would disagree.
Since Marbury v. Madison:
Yep! I certainly do. And those public places with the “no guns” signs posted? I carry there, too. Screw them. I WILL have the means to protect myself and my family. At. All. Times. No law or “policy” or “rule” will restrict my God given right to self-preservation.
And the judge waaaay overstepped. Judges do not make law. Should be struck down. Why is this so hard to understand for leftists?
Someone posted the link to the actual decision above and it’s worth reading. I haven’t finished it yet but it’s pretty clear that the idea that “the legislature makes the law and the judiciary applies it” is not that simple under the Florida constitution. The judge’s point is that the power to make procedural rules for the court in Florida is vested not in the legislature but in the Florida Supreme court, and the judge is not objecting to the concept of stand your ground but the way it is implemented procedurally in Florida. So far I still think his argument is a stretch but I will say it’s not as simple as you would think just reading the article.
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