To: ctdonath2
...and insofar as SCOTUS issued a ruling declaring such law unconstitutional it is by default null and void - therefore there is nothing for the federal judge to coerce Kim Davis into acting on. So when a leftist state like California has a restrictive gun law scrapped by SCOTUS, does California have to allow the sale of X gun immediately or does it simply mean that you have to wait for California to rewrite the law? Because I've never heard of a SCOTUS ruling that we liked ever having to wait until a state rewrites laws. It happens then and there.
6 posted on
09/04/2015 7:41:38 AM PDT by
VanDeKoik
To: VanDeKoik
The court may issue a stay on their own ruling, giving the state time to rewrite the law. Obviously that didn’t happen in this case, which means that the entire law is automatically vacated. To deal with this possibility, legislation usually includes a clause to the effect “should any part of this law be found invalid, only the invalid clause shall be invalidated and the remaining part of this law will continue in effect”; problem with that is the clauses affected are definitive, and without them (i.e.: clause defining marriage) the remaining law makes no sense (i.e.: lacking a legal definition of marriage, there is no way for a county clerk to issue a permit to do so). SCOTUS ruling when applied leaves only meaningless fragments.
10 posted on
09/04/2015 7:48:18 AM PDT by
ctdonath2
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