What happens to a statute after a court rules it unconstitutional?

It may remain on the books.

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  1. It is automatically removed
  2. It may remain on the books ✔
  3. It becomes a treaty

Why: A statute does not automatically disappear when found unconstitutional; it may remain until a later statute deletes it.

Huh, didn't know that: A statute does not automatically disappear when found unconstitutional; it may remain until a later statute deletes it.

The dad joke
An unconstitutional law may be down but not out.
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References

Answer: It may remain on the books. A statute does not automatically disappear when found unconstitutional; it may remain until a later statute deletes it.

  1. Law of the United States en.wikipedia.org/wiki/Law_of_the_United_States
    a statute does not automatically disappear merely because it has been found unconstitutional
    Checked 2026-11-07.

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