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Pre-enforcement jurisdiction (view source)

Revision as of 19:17, February 10, 2008

677 bytes added ,  19:17, February 10, 2008
New page: '''Pre-enforcement jurisdiction''' is consideration of a lawsuit against a law or administrative order before there is any enforcement. When the constitutionality of a law is challenged b...
'''Pre-enforcement jurisdiction''' is consideration of a lawsuit against a law or administrative order before there is any enforcement. When the constitutionality of a law is challenged before it is ever enforced, this is called a [[facial challenge]] to the law rather than an [[as-applied]] challenge.

Precedents against '''pre-enforcement jurisdiction''' include the following:

*''[[Industrial Cogenerators v. FERC]]'', 47 F.3d 1231 (D.C. 1995)
*26 USCS § 7421(a) (prohibiting suits to restrain assessment or collection of taxes)
*''[[Schildcrout v. McKeever]]'', 580 F.2d 994 (9th Cir. 1978) (upholding constitutionality of 26 USCS § 7421(a)
[[category:jurisdiction]]
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