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Wisconsin judge rules 1849 law doesn’t outlaw abortion
(thehill.com)
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this post was submitted on 07 Dec 2023
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For better or worse, laws apply from when they are enacted to when they are repealed or superseded. (Repealed includes laws with clauses that state it only applies for X years or that it needs to be renewed every Y years and the law doesn't get renewed.)
That being said, there are all too often laws that are technically applicable but whose usefulness has long since passed. In these cases, the law still applies but the state legislature needs to pass a bill to repeal it (or supersede it).
All laws need a fairly short sunset clause, actively renewing laws is important.
Nah, we all agree that murder is bad and should always be illegal. We don't need to sunset that one.
There's obviously a practical approach between "all laws must sunset" and "laws never expire or change."
There is more to laws than a binary "legal or not" determination. They also include how a crime is to be punished. That part of a law is much more sensitive to shifting cultural standards.
Take for example the discussions regarding murdering in self-defense. It used be treated like any other murder, but we realized that it was unfair to would-be victims. That's how we got "stand your ground" laws. However now people are criticizing these laws for encouraging murder and paranoia, a significantly unintended consequence. There been difficulty addressing "stand your ground" because they are entrenched into case law.
A sunset clause would give easier access to the people for reassessment of "stand your ground."
Sure, there are places where they can make sense. I didn't say that there should be no sunset clauses, just that not all laws should automatically sunset.