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Contracting Around the Constitution?

/ Owner - November 23, 2022

The Goldwater Institute filed a brief in the Arizona Supreme Court last week urging the justices to review a case in which lower courts declared a law unconstitutional—and then said it could be enforced anyway. At issue was a contract in which the parties agreed to be bound by that law before it was declared unconstitutional. But if left unchanged, this odd ruling would mean that even laws that courts have ruled unenforceable could still be enforced because they were embedded in private agreements like mosquitoes in ancient amber. That’s never been the law, and our brief asks the court to make clear that it is not the law going forward.   Read the article………………………..

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