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0 tracked cards Delaware Essays

Before enforcing a new statute against anyone, the Governor files an action in federal court asking for a declaration that the statute is constitutional. No regulated party is named, no enforcement order has issued, and the Governor says the opinion would help state officials decide whether to begin enforcement.
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The court may issue the requested opinion because it would settle uncertainty inside state government. The court lacks Article III power to give abstract legal advice without adverse parties and concrete legal consequences. The Governor can create adversity by naming the Attorney General as a defendant even if both officials seek the same answer. The court may issue a declaratory judgment whenever a statute is likely to affect future enforcement decisions.

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