How are people able to cite laws from the ~1700s to establish new precident? I’m genuinely curious to why these laws are not periodically reviewed by a cohort of judges somewhere?
We should Marie Kondo these laws to see if they hold merit and bring joy to the people.
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It varies quite a bit. It would take the legislature, not judges, to repeal the law (i.e. remove it from statutory codes).
Here’s a Texas statute on marriage being between a man and a woman, for instance. And here you can find a bill to update the code….but the bill won’t pass and everyone knows it, because enough Republicans would still prefer to ban gay marriage that it doesn’t have the votes to pass.
So what you’re asking isn’t so much a legal question as a political one.
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