Legal Question in Constitutional Law in Louisiana
If a judge has ruled a law to be unconstitutional but the state has not removed it from the statues yet can a person still be arrested and prosecuted for it?
1 Answer from Attorneys
When a law has been declared unconstitutional by a trial court, the case goes immediately to the Louisiana Supreme Court. If they declare it unconstitutional, it is no longer good law and has no effect. In the interim, you would have to know more about the specific case. Most times, the police will stop enforcing a law once ANY court declares it unconstitutional. However, some will continue to do so until the Supreme Court has done so. Usually, there will be a decree stating whether the law is being enforced and that is usually reported to the press. Check the Internet for press reports on it and you will probably find your answer.
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