Talk about your races to the courthouse -- in this
case, before the fact!
The ACLU and CPR have each filed suit challenging
the constitutionality of the so-called Partial Birth Abortion Act, which the
President has not yet signed. http://www.washingtonpost.com/wp-dyn/articles/A47078-2003Oct31.html
"We want the judge to be in a position to issue an
order as soon as the bill is signed," said one of the attorneys.
Anyone aware of any precedent for such a preemptive
move? I'm fairly certain no injunction could be issued before the bill
becomes law. But If the President signs the bill, can a court then issue
an injunction in these suits? I would imagine she could, because the
originally unripe suit would have ripened in the interim between the filing of
the complaint and the issuance of the injunction; but I don't think I've ever
seen a case quite like this one.
