ENEMAS, GUNS, and the LAW

ENEMAS, GUNS, and the LAW

“ Obamacare supporters will say the judicial score is tied: Two federal courts have upheld Obamacare, and two have declared part of it unconstitutional. But two against two among federal district courts is not a tie. [Obamacare Is in Critical Condition With the Courts]

Nice opinion article from LSU law professor John S. Baker Jr on AOL News, about the constitutionality of Obamacare.. I've already heard the argument that " judicial score is tied," and prolly you have too. “ District judges, whether state or federal, are risk-averse when interpreting the law. District judges preside over trial courts. They normally apply established law to the facts before them. Deciding questions of law is primarily the work of appellate courts. Federal district judges, in particular, do not like being reversed by appellate judges. Frequent reversals are not good for one's ego or the reputation. Federal district judges naturally know, without consulting statistics, that very few federal statutes are declared unconstitutional. So given the probabilities, it's much safer and easier for a lone federal district judge to declare federal statutes constitutional. Just leave it to the panel of three appellate judges to consider more carefully whether a statute is unconstitutional. That's what appellate judges are paid to do. Because of this, the two decisions against Obamacare are much more significant than the two that upheld the legislation. ” Interestingly "Five South Dakota lawmakers have introduced legislation that would require any adult 21 or older to buy a firearm “sufficient to provide for their ordinary self-defense.”  The major difference as I see it, is this would be a state mandate, enacted under powers vested by the United States Constiturion.  Additionally, similar laws, like Kennesaw, Georgia's mandatory gun ownership law (1982) have obviously survived challenges.