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Reply #87: I think you missed it [View All]

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Frodo Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-12-04 02:49 PM
Response to Reply #72
87. I think you missed it
If the law is unconstitutional (and it either IS or it IS NOT regardless of whether it has been ruled on or not) then it is NOT minding on the mayor. Just like an officer can't be jailed for failing to follow an illegal order, even if it adn't been declared illegal at the time he disobeyed it. The decision is retroactively valid.

If they had decided he WAS within his rights to disobey the law, they would HAVE to have found the law to be unconstitutional.


They took the same dodge the USSC in Bush/Gore. "I'm going to decide on this case, but not on the law". It's a dodge. But they couldn't have ruled the otehr way without overturning the law.
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