Share:
House Co-Sponsorship Memoranda
House of Representatives
Session of 2021 - 2022
Regular Session
MEMORANDUM
| Posted: | February 25, 2021 09:39 AM |
|---|---|
| From: | Representative Torren C. Ecker |
| To: | All House members |
| Subject: | Cases Challenging State Statutes |
| In the near future, I intend to introduce legislation that will permit either or both chambers of the General Assembly to participate in lawsuits where the constitutionality of a state statute is challenged. Many times the litigants are not equipped to provide the court with the full legislative context of an enactment, which may prove important to arriving at a just determination of a case. Or, litigants are not independently motivated to defend the constitutionality of a statute, undermining the adversarial process on which our justice system is premised. Currently, the grounds on which the General Assembly can participate as a party in these lawsuits is extremely narrow. This bill expands current law to allow either the House of Representatives or the Senate, or both, to choose to participate as parties in lawsuits in challenging the constitutionality of a state statute. In order for a chamber to participate, affirmative action by the Bipartisan Management Committee (for the House) or Committee on Management Operations (for the Senate) would be required. I would appreciate your support and hope you will join me in sponsoring this important piece of legislation |
Introduced as HB1196