The possible unconstitutionality of a statute, on its face, does not of itself justify an
injunction against good faith attempts to enforce it, unless there is a showing of bad
faith, harassment, or any other unusual circumstance that would call for equitable
relief.[32] The “on its face” invalidation of statutes has been described as “manifestly
strong medicine,” to be employed “sparingly and only as a last resort,” and is generally
disfavored.[33]
To be entitled to a preliminary injunction to enjoin the enforcement of a law assailed
to be unconstitutional, the party must establish that it will suffer irreparable harm in the
absence of injunctive relief and must demonstrate that it is likely to succeed on the
merits, or that there are sufficiently serious questions going to the merits and the
balance of hardships tips decidedly in its favor.[34] The higher standard reflects judicial
deference toward “legislation or regulations developed through presumptively reasoned
democratic processes.” Moreover, an injunction will alter, rather than maintain,
the status quo, or will provide the movant with substantially all the relief sought and that
relief cannot be undone even if the defendant prevails at a trial on the
merits.[35] Considering that injunction is an exercise of equitable relief and authority, in
assessing whether to issue a preliminary injunction, the courts must sensitively assess
all the equities of the situation, including the public interest.[36] In litigations between
governmental and private parties, courts go much further both to give and withhold relief
in furtherance of public interest than they are accustomed to go when only private
interests are involved.[37] Before the plaintiff may be entitled to injunction against future
enforcement, he is burdened to show some substantial hardship. [38]
The fear or chilling effect of the assailed penal provisions of the law on the
members of the respondent does not by itself justify prohibiting the State from enforcing
them against those whom the State believes in good faith to be punishable under the
laws:
… Just as the incidental “chilling effect” of such statutes does not automatically
render them unconstitutional, so the chilling effect that admittedly can result from the
very existence of certain laws on the statute books does not in itself justify prohibiting
the State from carrying out the important and necessary task of enforcing these laws
against socially harmful conduct that the State believes in good faith to be punishable
under its laws and the Constitution.
[39]
It must be borne in mind that subject to constitutional limitations, Congress is
empowered to define what acts or omissions shall constitute a crime and to prescribe
punishments therefor.[40] The power is inherent in Congress and is part of the sovereign
power of the State to maintain peace and order. Whatever views may be entertained
regarding the severity of punishment, whether one believes in its efficiency or its futility,
these are peculiarly questions of legislative policy.[41] The comparative gravity of crimes
and whether their consequences are more or less injurious are matters for the State and
Congress itself to determine.[42] Specification of penalties involves questions of legislative
policy.[43]
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