> Shouldn't a judge look at what is allowed by the law, instead of being the devil's advocate and say "those guys have done it for years, so it's fine"?
This has been done in the past regarding firearms law - “the law has stood for decades, so it must be constitutional.”
I find that reasoning specious, but it’s happened multiple times so it’s apparently accepted by at least a plurality of our judiciary.
This has been done in the past regarding firearms law - “the law has stood for decades, so it must be constitutional.”
I find that reasoning specious, but it’s happened multiple times so it’s apparently accepted by at least a plurality of our judiciary.