Difference between revisions of "Pre-enforcement jurisdiction"
Jump to navigation
Jump to search
DavidB4-bot (talk | contribs) (→top: clean up & uniformity) |
DavidB4-bot (talk | contribs) (clean up) |
||
| Line 5: | Line 5: | ||
*''[[Industrial Cogenerators v. FERC]]'', 47 F.3d 1231 (D.C. 1995) | *''[[Industrial Cogenerators v. FERC]]'', 47 F.3d 1231 (D.C. 1995) | ||
*26 USCS § 7421(a) (prohibiting suits to restrain assessment or collection of taxes) | *26 USCS § 7421(a) (prohibiting suits to restrain assessment or collection of taxes) | ||
| − | *''[[Schildcrout v. McKeever]]'', 580 F.2d 994 (9th Cir. 1978) | + | *''[[Schildcrout v. McKeever]]'', 580 F.2d 994 (9th Cir. 1978) [upholding constitutionality of 26 USCS § 7421(a)] |
[[Category:Jurisdiction]] | [[Category:Jurisdiction]] | ||
Latest revision as of 04:23, September 6, 2016
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)]