[Kansas58]

Well, if they dismiss the case, that means the defendant WINS!
The prosecution generally can NOT make a habit of asking for cases to be dismissed, if the prosecution actually intends to ENFORCE a bad law.

[Talisker]

Well, if they dismiss the case, that means the defendant WINS! The prosecution generally can NOT make a habit of asking for cases to be dismissed, if the prosecution actually intends to ENFORCE a bad law.

Actually, what would be subject to dismissal is Tennessee's defense. It's a Federal court issue concerning a pre-standing Federal law. So no matter what formi it takes, Tennessee (or a Tennessee litigant) would be arguing against that law, which means the Feds would take the position of applying the law in the first place, and see any response from Tennessee as a defense against violating it.