yodermon
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Fri Oct-15-10 01:33 PM
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What happens to a Federal Law when a Federal Court declares it Unconstitutional? |
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What has been the process in prior occurrences? Is it stricken from the US code? Maybe only after the SC hears the last appeal? or do federal judges just "agree" that the law no longer is in effect?
What does Congress or the President even have to do??
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RaleighNCDUer
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Fri Oct-15-10 01:36 PM
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1. I would assume it gets kicked up to the supremes. |
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If they decline to hear it, the ruling would stand.
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Statistical
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Fri Oct-15-10 01:46 PM
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2. Almost always one side appeal and it goes to SCOTUS. |
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If SCOTUS declines the petition or reaffirms the ruling then the law is unwound.
Usually there are provisions in federal code to "undo" unconstitutional laws.
Technically otherwise they would stay on the books until Congress repeals them. And if they never get repealed then they never go off the books. The law is essentially dead. Someone could sue for violation of their Constitutional rights if it was enforced. It just ends up cluttering up the federal (or state) codes so their are provisions to undo them.
Sometimes w/ large compex laws there will be provisions to only repeal a portion in found Unconstitutional. For example the mandates in HCR. If found Unconstitutional it wouldn't result in an appeal of the entire law.
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DU
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Fri May 10th 2024, 08:14 PM
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