How would I go about challenging the legality/constitutionality of a law or statute?

What type of action would I bring to challenge a newly-enacted Federal statute?

Who should I name as parties?

Mainly, I want (a) an injunction preventing enforcement (immediately, and during the case), and (b) declaratory relief establishing that the law is unconstitutional and void (permamently).

I know a little bit about law, and I know my way around the courthouse (filings, etc. but this is a little beyond what I've been imvolved wth before. I'd appreciate any guidance, suggestions, advice, etc.

Thx.

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Hello Gary:

There may be a path that a citizen can use, WITHOUT there first being a case. I wouldn't know how to do that. Maybe a citizen's initiative?

Nonetheless, challenges to law are taken up in the courts AFTER a case has been brought where the government (or somebody) acted contrary to the Constitution (or at least the petitioner/appellant hopes so).

Of course, Congress can repeal a law, but they're not going to do that.

excon

PS> So, whatever law you want to challenge, go get yourself arrested for it, and bingo, you're on your way.

You have to have a standing to the law.

For example if you want to challegne a law on abortion ban, you would have to want an abortion and be denied, then you file a law suit in federal court.

If the law does not effect you, you can not bring suit against it.

Of course you will have to sue and it will have to go to the supreme court to be heard. And it will cost 10's of thousands of dollars just to file and have copies of all the paper work for the justicies

What has your attorney advised? If (s)he believes the law(s) in question are unconstitutional then (s)he'll build your defense around that premise. Whether the judge will agree is a whole other matter. If you lose you can always appeal on the same grounds. Most declarations of a law being unconstitutional occur in the higher courts as a result of appeals.

Step 1 is to be convicted or denied action under the law. I don't believe that being unconstitutional is grounds for a defense against the initial action. As I understand it, lower courts don't have the right to rule on constitutionality. That's the province of the Appeals Courts.

Once you are convicted or denied some action, you then start the appeals process on the grounds that the law is unconstitutional. The case winds its way through the judiciary eventually reaching the Supreme Court. Any ruling they make is final.

You might try contacting your local ACLU office if you feel strongly about it.

I'm just curious as to what statute you believe is unconstitutional.