Landgraf v. Usi Film Prods.

From Conservapedia
This is an old revision of this page, as edited by Aschlafly (Talk | contribs) at 22:34, July 29, 2021. It may differ significantly from current revision.

(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to: navigation, search

Landgraf v. Usi Film Prods., 511 U.S. 244, 272-73 (1994), is an 8-1 U.S. Supreme Court decision which states the general rule about applying decisions prospectively only:

But while the constitutional impediments to retroactive civil legislation are now modest, prospectivity remains the appropriate default rule. Because it accords with widely held intuitions about how statutes ordinarily operate, a presumption against retroactivity will generally coincide with legislative and public expectations. Requiring clear intent assures that Congress itself has affirmatively considered the potential unfairness of retroactive application [****57] and determined that it is an acceptable price to pay for the countervailing benefits. Such a requirement allocates to Congress responsibility for fundamental policy judgments concerning the proper temporal reach of statutes, and has the additional virtue of giving legislators a predictable background rule against which to legislate.