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Originally Posted by ChuckS
Quote:
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Originally Posted by Fank Ettin
But once a law in enacted, the question of its constitutionality is one for the federal courts.
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Interesting!
For an example, the PA AG refused to defend the "Gay marriage ban" law when it was challenged in court. Can she opt out? (she did) or is that legally unethical?....
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Other AGs have done similar, and that raises interesting ethical and constitutional issues relating to a lawyer's professional obligations on behalf of a client and the separation of powers.
But beyond those important issues, such an action by an AG does not resolve the question of the constitutionality of the law. In any particular case that would require a final decision of a federal court on the merits.