Difference between revisions of "Pre-enforcement jurisdiction"
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| − | ''' | + | '''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 | + | *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]] |
| − | |||
Revision as of 19:02, October 1, 2008
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)