If an old statute is still on the books but hasn't been enforced for decades, must judges treat it
as valid law?
Employers contemplating asset purchases can be assured that it's
still valid law that offering employment to an employee of the vendor is sufficient consideration for the employee to agree to new employment terms.
Scalia, the most conservative of the activist Roberts court once wrote in Department of Human Resources of Oregon v. Smith: «We have never held that an individual's religious beliefs excuse him from compliance with an
otherwise valid law prohibiting conduct that the State is free to regulate.»
But so long as the Amendment
remains valid law, Judge Lamberth is obliged to rule according to its language.
It must be admitted that judicial correction of arbitrary refusal by administrators to perform official duties
under valid laws is exulcerating and costly.
As previously discussed, even if the Charter provides the context for an injunction application, the Court weighs this against the public interest in
enforcing valid laws, particularly where the laws are being disobeyed.
Tax laws are always changing, so there is a good chance that
rules valid law year are no longer valid.
In contrast, Rep. Quezada says that «Roe v. Wade continues to be
valid law despite the protests from extremists to the contrary.
In more spesific terms, if, in the future, the program carried out in this Memorandum of Understanding should result in matters unincluded in it, BOTH PARTIES are required to discuss such matters in a separated session in terms
with valid laws / bills.
Religiously motivated action is not constitutionally entitled to immunity from
otherwise valid laws, and religious believers are not specially excused from the burdens that citizens share generally.
Rather than work out
a valid law without additional bureaucracies and potential constitutional issues, they cared more about the date on the calendar.
The House - passed version is the one included in the U.S. Code, but both versions are in the Statutes at Large and, thus, both are
valid law.
And the EU does not consider
it a valid law to require wheels to be repositioned.
That's at least because, unless you define law in terms of morality — in the sense that no law is
a valid law unless it's good, or right, or however else you wish to measure the law's merit — a law is valid if it's validly enacted.
Others would disagree, claiming that the law the judge disregarded wasn't good law because it was immoral; or if the law in issue was an earlier decision, that it was wrongly decided; or, it wasn't
a valid law at all because, for various reasons, the legislation wasn't valid.
As
the valid law of the land, it should be respected as such.»