Although the old law was still on the books, custom had abrogated it to the point where the old law was in actuality no longer in effect.
Abrogate
Definition
To formally annul or repeal a law through an act of the legislature, constitutional authority, or custom.
Contract and Insurance law: to rescind or terminate a contract.
Constitutional law: the abrogation doctrine refers to the power of Congress to revoke a state’s sovereign immunity and authorize suits against that state.
Definition from Nolo’s Plain-English Law Dictionary
To annul or repeal a law or pass legislation that contradicts the prior law. Abrogate also applies to revoking or withdrawing conditions of a contract.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:10 pm
“§5 [of the 14th Amendment] does not grant Congress power to exercise discretion in the other direction and to enact ‘statutes so as in effect to dilute equal protection and due process decisions of this Court.’ We emphasize that Congress’s power under §5 is limited to adopting measures to enforce the guarantees of the Amendment; §5 grants Congress no power to restrict, abrogate, or dilute these guarantees.” J. Brennan, Katzenbach v. Morgan, 384 U.S. 641 (1966).
