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No, any court can - in theory - declare a law or its application unconstitutional, but the lower courts are very reluctant to do so, and even appeals courts pre
by Lazare 14y ago
No, any court can - in theory - declare a law or its application unconstitutional, but the lower courts are very reluctant to do so, and even appeals courts prefer to only do so in bright line cases. And I don't think this is; even if the court has grave reservations about the law, they'll likely punt and hope the Supreme Court figures it out.