Re:Rand Paul wants to lead a Supreme Court challenge to Feds...
by dnautics on Sunday June 09, 2013 @03:35PM
(#5850178)
A SCOTUS decision is supposed to be binding to whatever act HAD been passed. Whether that happens in effect is entirely dependent on the (usually) executive branch complying with the SCOTUS ruling. Congress can, if it wanted, re-pass the law. Obviously, it would make a subsequent suit and overturning easier, but in reality, it can, and has happened in the past.
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Re:Rand Paul wants to lead a Supreme Court challenge to Feds...
by otsuichi on Sunday June 09, 2013 @04:06PM
(#5850329)
Oh, right. Congress can repass it, but provided the Executive branch respects the function and decision of the judiciary, the Supreme Court does have the final say over congressional acts that have been challenged.