Become a digitalPLUS subscriber. 99¢ for 4 weeks.
NewsOpinionReaders Respond

Court can find law unconstitutional but can't 'repeal'

Johns Hopkins University

The recent headline reporting the Supreme Court's decision involving Arizona, "High court repeals most of Ariz. Immigration law" (July 26) is factually incorrect. No court can "repeal" a law.

A court can interpret a law, hold it unconstitutional and therefore void (judicial review), or issue an injunction to temporarily or permanently block its enforcement (for a variety of reasons). Only a legislature can "repeal" a law that it passed. Only the Arizona legislature (or perhaps its voters by referendum) can "repeal" SB1270!

Joel B. Grossman, Baltimore

The writer is a professor in the political science department of Johns Hopkins University.

Copyright © 2014, The Baltimore Sun
Related Content
Johns Hopkins University
  • Let's show compassion for young immigrants [Letter]
    Let's show compassion for young immigrants [Letter]

    Maryland saw an influx of unaccompanied children from Central America this summer. Today, we have more than 3,000 of these kids. I'm glad Maryland is harboring, them but each has a sword of Damocles over his or her head ("Montgomery Co. is latest to limit immigration detainers," Oct. 7). As...

  • Immigration reform, yes, executive action, no
    Immigration reform, yes, executive action, no

    Is the looming battle over immigration really about Congress' power to legislate immigration policy or about the president's power to set policy by executive order? I think it's the latter. But what really is at stake is the ability of Congress to deal effectively with the millions of illegal...

Comments
Loading