OK, am I wrong about the supremacy of the Supreme Court? Please educate me otherwise so that my understanding is not so misplaced.
Good grief, I didn’t know that you only accept comments from those that have “passed the bar”. Excuuuuuuse me (Steve Martin).
The Constitution is Supreme not the Supreme Court. Any law that is repugnant to the Constitution is void. That’s basic Marbury v. Madison stuff. Any federal court can enjoin enforcement of an unconstitutional law. There are dozens of laws on the books that have been struck down by inferior federal courts that have not been reviewed by the Supreme Court. Further, doctrinal developments can show that a law is no longer valid even if it remains on the books and has not been specifically struck down. Prosecutors have an ethical duty not to pursue charges under unconstitutional laws. The void for vagueness doctrine is from the Supreme Court. It’s that reasoning that shows the Logan Act is unconstitutional under the Sixth Amendment. There is a reason that no one has ever been prosecuted under the act.