There is no requirement under U.S. law to obey an unconstitutional statute and then “sort it later in court.” An unconstitutional law is treated as void ab initio (invalid from the moment of enactment, as if it never existed). It imposes no duties, confers no rights, and creates no legal obligations. Citizens are not bound to comply, and courts have no authority to enforce it. This principle allows individuals to refuse compliance and raise the unconstitutionality as a complete defense when challenged (e.g., in a criminal prosecution or enforcement action), without needing prior obedience or a separate pre-compliance lawsuit.49
This doctrine stems from foundational U.S. Supreme Court precedents (e.g., Marbury v. Madison, 5 U.S. 137 (1803); Ex parte Siebold, 100 U.S. 371 (1879); Norton v. Shelby County, 118 U.S. 425 (1886)), which state courts nationwide have repeatedly adopted and reaffirmed. State courts routinely cite it to dismiss charges, invalidate actions taken under such laws, or declare that no one can be punished for “violating” a non-existent statute. Below are examples of state court decisions (or direct citations within them) from different states explicitly reaffirming this. I have limited it to verifiable cases from distinct states, drawing from court opinions that quote or apply the “no duty to obey / void ab initio” rule in contexts where compliance is not required.
Wisconsin
Bonnett v. Vallier, 136 Wis. 193, 116 N.W. 885 (1908): “No one is bound to obey an unconstitutional law and no courts are bound to enforce it.” The court held that an unconstitutional statute is wholly void and ineffective for any purpose.
Louisiana
State ex rel. Parker v. Skinner, 148 La. 143, 86 So. 716 (1920) (reaffirmed in State v. Rawls, No. 27888 (La. 1930s context) and later cases like State of Louisiana v. Terrance James, 2019-K-0715 (La. App. 4th Cir. 2019)): “An unconstitutional statute is null and void, has no legal existence whatever, [and] is no statute.” Prosecutions under it fail because the law never imposed any duty.
Montana
Ex parte Anderson, 125 Mont. 331, 238 P.2d 910 (1951) (quoted in State v. Sedler and related 2019 Montana Supreme Court briefing): “‘An unconstitutional law is void, and is as no law. An offense created by it is not a crime. A conviction under it is not merely erroneous, but is illegal and void.’” No duty to obey; convictions are void from inception.
Mississippi
Tatro v. State, 372 So. 2d 283 (Miss. 1979) (reaffirmed in later Mississippi Supreme Court cases, e.g., 2025 death-sentence context): “An unconstitutional law is void, and is as no law.” Applied to hold that no one can be punished under a void statute.
Nebraska
Rath v. City of Sutton, 267 Neb. 265 (2004) (and State ex rel. Stenberg v. Douglas Racing Corp., 246 Neb. 901 (1994)): “An unconstitutional statute is a nullity, is void from its enactment, and is incapable of creating any rights or obligations.” Actions taken under it (or refusal to obey it) carry no legal force; the law never existed.
Florida
State ex rel. Nuveen v. Greer, 102 So. 739 (Fla. 1924) (reaffirmed in SC09-2069 Florida Supreme Court opinion and hospital-lien cases): An ordinance or law enacted under an unconstitutional statute is void. No compliance required; the underlying law imposes no duties.
Texas
Re Reyes, 753 S.W.2d 382 (Tex. Crim. App. 1988), and In re Lester (Tex. 2020) (citing Norton): “An unconstitutional statute is void from its inception and cannot provide a basis for any right or relief.” Multiple Texas appellate decisions (including 2020 Supreme Court and Court of Criminal Appeals opinions) hold that void laws create no obligations; defendants need not obey and can collaterally attack convictions.
Ohio
State ex rel. Belvin McGee (Ohio Supreme Court, 2023-1342 docket, 2024): “An unconstitutional law is void, and is as no law.” Applied to bar enforcement.