Wednesday, May 29, 2019

Bad statute? Challenge it.

Bad laws make bad results for our clients, and there's little we can do about that, right?

Wrong! Bad laws are subject to challenge, and the Supreme Court might well take the bait. According to Princeton Professor of Politics Keith Whittington, the Supreme Court has struck down federal laws more often than we might think. Professor Whittington has done the work and has now made available his Judicial Review of Congress Database. The database takes the form of an excel spreadsheet detailing over 1300 cases in which the Supreme Court has considered, on the merits, a constitutional challenge to a federal law and has either upheld the law, struck it as applied, or struck it on its face.

Read the list. Study the cases. Get inspired. Be bold. Challenge that law.

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