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> Laws remain in force until they are formally: * Struck down by a court as unconstitutional or otherwise invalid. False. They are still in force - they have j
by crote 1y ago
> Laws remain in force until they are formally: * Struck down by a court as unconstitutional or otherwise invalid.
False. They are still in force - they have just become unenforceable. There's a crucial difference, as the US is currently finding out: as long as they are in the books, a Supreme Court decision can instantly render them enforceable again - even against the wishes of the population.
The proper thing to do would be to "garbage collect" unenforceable laws, but politicians are (understandably) hesitant to spend political capital on it when it doesn't provide any tangible return.