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The Attorney General’s Duty to Defend the Constitutionality of Statutes

Date of Issuance:

The Department of Justice has a duty to defend the constitutionality of an Act of Congress whenever a reasonable argument can be made in its support, even if the Attorney General concludes that the argument may ultimately be unsuccessful in the courts. The statute at issue in the instant case could be held constitutional as applied in certain situations, and accordingly the Department will defend it.

Updated July 9, 2014