The Declaratory Judgment Act does not negate the requirement that the
litigant demonstrate injury.  My question is what injury is inflicted on
the state now; it is in precisely the same legal posture as it would
have been if the 2006 Amendments had not passed.

Rick Hasen <Rick.Hasen@lls.edu> 7/27/2006 9:50:06 AM >>>

I think it is fairly common to seek a declaratory judgment that a new
law is unconstitutional before its effective date.  I don't see how the
fact that this law is a renewal changes the ripeness question.

Brian Landsberg wrote: Why would such a suit be ripe?  Section Five is
not amended at all.  Themain operative amendment is the extension for 25
more years, butextension is not needed until next year.  So if DOJ were,
for example,to object to a change tomorrow, even if the new Act
wereunconstitutional, the objection could stand under the
Act'spre-amendment provision.  Rick Hasen <Rick.Hasen@lls.edu> 7/27/2006
9:36:38 AM >>>        I would think that it would be possible to at
least bring a declaratoryjudgment now, seeking to enjoin enforcement of
the law as amended.Brian Landsberg wrote: The responses to your
questions have addressedthe where but not thewhen question.  Since the
Act, before beingamended, did not sunsetuntil next year, wouldn't
challenges have to waituntil that sun hasset?  Rick Hasen
<rick.hasen@lls.edu> 7/26/20069:27:45 PM >>>        If someone files
a lawsuit challenging theconstitutionality of the renewed section 5 (or
other provision, such assection 203), would thecase be filed before a
three-judge court?  Orwould it go through a normal district court- court
of appeal-cert toSupreme Court process? Is there anything in the Act
that speaks tojurisdiction?  If there isa choice of where to file, any
thinking onwhere and when such achallenge would be filed?  -- Rick
HasenWilliam H. Hannon Distinguished Professor of LawLoyola LawSchool919
Albany StreetLos Angeles, CA 90015-1211(213)736-1466(213)380-3769
-faxrick.hasen@lls.eduhttp://www.lls.edu/academics/faculty/hasen.htmlhttp://electionlawblog.org
 
-- Rick HasenWilliam H. Hannon Distinguished Professor of LawLoyola Law
School919 Albany StreetLos Angeles, CA 
90015-1211(213)736-1466(213)380-3769 -
faxrick.hasen@lls.eduhttp://www.lls.edu/academics/faculty/hasen.htmlhttp://electionlawblog.org