- Jun 26, 2015
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Yes, they can find a law unconstitutional. That isn't the same as writing a law.they do so all the time by finding a law unconstitutional or ordering a specified corrective action (think busing).
SCOTUS determined the segregation was unconstitutional and therefore, busing was a form of desegregation in public schools.
This law is legislative so I don't know how they will deal with that. If it wasn't unconstitutional in 1924 is it unconstitutional today? I don't know that it's ever been challenged.
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