Sotomayor nomination

[Beestie]

Originally Posted by xoxoxoBruce

The police don't wait for the legislature to change the law. When the court says the law (or part of it) is unconstitutional, the police change their policy immediately. They don't waste time, and resources, arresting people that can't be convicted in court, while the legislature corrects their mistake.

Actually, they are ordered to cease enforcement as part of the disposition of the case. That discretion is not left up to the police chief.

[Happy Monkey]

Originally Posted by Beestie

Actually, they are ordered to cease enforcement as part of the disposition of the case. That discretion is not left up to the police chief.

So the police are ordered to change their policy by the court?

[Beestie]

Originally Posted by Happy Monkey

So the police are ordered to change their policy by the court?

I feel obliged to provide an answer with citations and will try to dig some up as I have time and will post again when I can provide a more detailed and substantiated answer.

[Beestie]

Originally Posted by Happy Monkey

So the police are ordered to change their policy by the court?

OK, got the scoop. What happens is the judge issues a injunction against enforcement of the law which effectively bars the police from charging anyone with the crime of violating the newly overturned law. I think in some cases, the injunction is not issued if the judge is assured by the attorney(s) general that enforcement will cease until the law is officially stricken from the books.