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Are Appellate Lawyers the right choice for challenging

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legislation that discriminates or is...
Are Appellate Lawyers the right choice for challenging legislation that discriminates or is there another practice area to file a group or class case against a State that doesn't provide equal rights under the law?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: New Jersey
JA: Has anything been filed or reported?
Customer: Bills ha e been submitted over the past to amend the law but until 2016 was never passed in both branches. When a compromised version finally passed it was vetoed by the Governor.
JA: Anything else you want the lawyer to know before I connect you?
Customer: It's a section of labor law under workers compensation and the second injury fund. It would affect thousands of beneficiaries and involve millions of dollars.
Submitted: 5 months ago.Category: Legal
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Answered in 25 minutes by:
6/16/2017
Lawyer: ScottyMacEsq, Attorney replied 5 months ago
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17,250
Experience: Licensed Texas General Practice Attorney
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Thank you for using JustAnswer.

There are a couple different paths (legislative and judicial). You mentioned the legislative path, in that trying to amend or repeal the existing law through legislation is one strategy. Unfortunately there are only so many laws that can be passed in any given legislative year. Thousands of bills are introduced, but many are not brought forwards to be considered, much less voted on, much less passed, much less signed into law. It's a long hurdle to get a law passed, changed, or repealed.

When the legislative process doesn't work and the law is unconstitutional, it would need to be challenged in court. This is the judicial path. But it's not as simple as hiring an appellate attorney. Yes, an appellate attorney will likely be needed at some point, but an appellate attorney handles appeals. That's where a "first level" court makes a ruling and then one of the party appeals that ruling to the higher court that hears such appeals. You can't file a case directly with an appeals court. The case would first have to be heard at the trial court. And for that to happen, you would have to have a victim of that law come forward to challenge it. After the trial, it can then be appealed by the losing party. If the trial court determines that the law is unconstitutional, and the party that would want to seek to keep the law in place decides not to appeal, that means that it's unconstitutional for that district and in that situation only (not nationwide or even in the judicial circuit where the district is located). But if they appeal, or if the party challenging the law loses and appeals, and then wins at the appellate level, then it's unconstitutional in the circuit that the court is over. For example, a few years back the 9th Circuit Court of Appeals (which has jurisdiction over the 9 most western states) issued a ruling about gay marriage. Until the Supreme Court acted, that ruling only applied to those 9 states, and the other 41 states could continue to bar gay marriage. Once the Supreme Court issued their ruling, that then meant that all states had to allow it.

The point is that the appellate process is a process, and a rather long one. It starts at the trial level, with a lawsuit being filed against some party. And so you would need a trial lawyer to try that case at the trial level, and then an appellate lawyer to continue on if it goes to appeal.

That being said, you need to contact an attorney in your area that deals with these types of cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

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Thank you, ***** ***** luck to you!

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Lawyer: ScottyMacEsq, Attorney replied 5 months ago

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Lawyer: ScottyMacEsq, Attorney replied 5 months ago

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Lawyer: ScottyMacEsq, Attorney replied 5 months ago

If there's nothing else, please rate this answer.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Lawyer: ScottyMacEsq, Attorney replied 5 months ago

Can you see on your screen where you need to rate this answer to close it out? That's what I'm waiting on from you...

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