(Untitled)

[megarandom]

http://www.kltv.com/global/story.asp?s=10933571
Am I mistaken that all federal funding of education will go away if they did something like this? Am I missing something?

Comments

[anais_pf]

By rights, it should. It's probably . . . complicated, though.

[jo_lfs]

Not really. You can pass any batshit insane law that you like, said batshit insane law then gets put to the test as to whether or not anyone will challenge it and is moved from court to court up the line until a) one party decides to not appeal further, b) an out of court settlement is reached or c) SCOTUS declines to hear the case.

We operate on legal precedent system until such time as a higher court declares that precedent invalid - sometimes these precedents last hours, sometimes decades. The obvious recent high profile case in point being DC vs Heller - a law doesn't have to be legal for it to exist, but if it isn't, it's only a matter of time until someone asks "well, let's see about that shall we?".

[anais_pf]

Yup, I'm well aware of how it all is supposed to work. I've also seen the executive branch act as though it's the judicial branch and foreshorten the process by years, and it takes the lawsuits a while to catch up. In this case, that might be a good thing.