Reply To: In denying Snyder petition, Supreme Court upholds Sixth Circuit ruling

#23004
Robin Vander Wall
Robin Vander Wall
Admin

Not likely. There is no retroactive cause of action for damages in civil suits that result in a statute (or set of statutes) being held unconstitutional. That is because the legal presumption is that ALL statutes are constitutional until such time as they are determined not to be. Damages are recoverable for actual harm (meaning that the harm can be calculated) in CERTAIN civil rights settings. Damages are not available for incidental, collateral, or ancillary harms. And even where damages are recoverable, the states (sovereigns) have first to statutorily ALLOW for those claims to be sought.