Legal Opinion
Winsness v. Yocom
Court of Appeals for the Tenth Circuit
Decided January 5, 2006No. 04-4275PublishedCited by 74 opinions
1Opinion of the Court
McCONNELL, Circuit Judge.
There is no procedure in American law for courts or other agencies of government — other than the legislature itself — to purge from the statute books, laws that conflict with the Constitution as interpreted by the courts. For the most part, citizens are protected against enforcement of unconstitutional statutes by some combination of stare decisis (the principle that future cases will be decided in accordance with past precedent) and the deterrent effect of damages actions against executive officials who violate clearly established constitutional rights. It is…
2Cases cited24 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Warth v. SeldinSupreme Court of the United States · 1975
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
- City of Los Angeles v. LyonsSupreme Court of the United States · 1983
- O'Shea v. LittletonSupreme Court of the United States · 1974
19 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Bronson v. SwensenCourt of Appeals for the Tenth Circuit · 2007
- Brown v. BuhmanCourt of Appeals for the Tenth Circuit · 2016
- Initiative & Referendum Institute v. WalkerCourt of Appeals for the Tenth Circuit · 2006
- Mink v. SuthersCourt of Appeals for the Tenth Circuit · 2007
- Predator International, Inc. v. Gamo Outdoor USA, Inc.Court of Appeals for the Tenth Circuit · 2015
69 more not listed; retrieve them via the Exa API.