In an employment matter, if a question of significant constitutional interpretation arose in the Federal Circuit Court with a single judge, does the judge have jurisdiction to make orders on the matter? The constitutional question would relate to whether a law impermissibly burdens the implied right to political freedom.
If the Judge believed the particular law did indeed impermissibly burden the implied freedom, could the judge ignore that law in making a judgement?
If the Judge believed the particular law did indeed impermissibly burden the implied freedom, could the judge ignore that law in making a judgement?