Court: Impossible Doesn’t Mean Unconstitutional


The majority of the court went further, though, and eliminated the possibility that its own rule could be applied to make the law inoperative in this or any other case: “Neither the text nor the purpose of the Act contemplates that a showing of impossibility can excuse compliance with the statutory requirement once the statute goes into effect,” adding that Section 3531 did “not authorize courts to independently carve out exceptions for impossibility” once the certification had been made.

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