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WINSNESS v. YOCOM

No. 04-4275.

433 F.3d 727 (2006)

Kris WINSNESS and Ken Larsen, Plaintiffs-Appellants, v. David YOCOM, Salt Lake District Attorney, Jon Huntsman, Jr., Governor of the State of Utah, Mark Shurtleff, Attorney General of the State of Utah, and Roger Blaylock, Deputy Salt Lake District Attorney, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 5, 2006.

Attorney(s) appearing for the Case

Brian M. Barnard (James L. Harris, Jr. with him on the briefs), Utah Legal Clinic, Salt Lake City, UT, for Plaintiffs-Appellants.

Joel A. Ferre, Assistant Attorney General (Mark L. Shurtleff, Attorney General, with him on the brief), Salt Lake City, UT, for Defendants-Appellees.

Before McCONNELL, McKAY, and TYMKOVICH, Circuit Judges.

McCONNELL, Circuit Judge.

There is no procedure in American law for courts or other agencies of government — other than the legislature itself — to purge from the statute books, laws that conflict with the Constitution as interpreted by the courts. For the most part, citizens are protected against enforcement of unconstitutional statutes by some combination of stare decisis (the principle that future cases will be decided in accordance with past...

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