Comment Re:The law is valid (Score 5, Interesting) 446
"New York prosecutors successfully persuaded a judge that the ancient law could be used" The law was not sunset-ed, the law was not stricken down by another law, the law itself was not repelled on its own, the law was not stricken down by the supreme court. So what is the problem ? Until a repell/strick down , ALL those law are still valid. Cue the shooting down welsh with a bow, but this is the basis of our judiciary process. just because a law is old does not make it invalid.
Correct, until it is repealed (unlikely) or struck down by the Supreme Court it is still the law. This could be a good case to take to the Supreme Court since it highlights the impact of changing technology on the law and could clarify what is required when presented with such a writ.