Sentences with phrase «amendment constitutionality»

In Zelman, the Supreme Court upheld the First Amendment constitutionality of the Cleveland voucher program.

Not exact matches

In the latest stage of the provincial government's battle against the proposed Kinder Morgan Trans Mountain pipeline expansion, it has asked the BC Court of Appeal to review four pages of proposed legislation that would amend the Environmental Management Act and address questions about the amendments's constitutionality.

The IRS may be weak on enforcing the Johnson Amendment because of its questionable constitutionality, said Sally Wagenmaker, a tax attorney who works with nonprofits.

A week earlier, on Dec. 7, the U.S. Supreme Court announced the justices will be hearing Windsor's challenge to the constitutionality of the Defense of Marriage Act (DOMA), as well as a challenge to California's Proposition 8 marriage amendment.

At issue was the constitutionality of the Arizona Independent Redistricting Commission, which was established by state constitutional amendment in 2000.

You don't think the constitutionality of Federal Government's authority to repudiate could be challenged based on section 4 of the 14th Amendment (as Geithner suggested)?

Currently, the Florida Education Association is challenging the constitutionality of the state's nascent ESA law under the state constitution's Blaine Amendment and other provisions.

First Amendment: Establishment Clause — constitutionality of Arizona tuition tax credit program.

Despite the presence of Blaine Amendments in the state Constitution at the time of its decision, the Louisiana Supreme Court upheld the constitutionality of a program in which public funds were used to purchase, among other things, textbooks for parochial schools.

The Court did not use the opportunity to review the constitutionality of Missouri's Blaine Amendment, but it was another important step in the right direction.

A recent U.S. Supreme Court ruling that questioned the constitutionality of Blaine Amendments emboldened Fine.

Has the U.S. Supreme Court ever taken a case interpreting the Blaine Amendments or addressing their constitutionality?

The suit challenges the constitutionality of California's «agency shop» law, which violates the First Amendment by forcing public school teachers to fund controversial, political, an ideological issues they disagree with.

Yet, if it is primarily the preserve of constitutional theorists — think of the American debate about the constitutionality of a proposed flag - burning amendment — it is nevertheless an issue with practical implications, as witnessed in the recent Pringle case before the CJEU.

At 11 a.m. ET today, C - SPAN will stream the oral arguments in Rumsfeld v. Forum for Academic & Institutional Rights, involving the constitutionality of the Solomon Amendment, requiring universities to allow military recruiters on campus or lose federal funds.

In both cases, bankruptcy lawyers challenged the constitutionality of bankruptcy law amendments enacted as part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

Lead trial counsel for plaintiffs in both the preliminary and final injunction hearings of Evans v. Romer, a successful suit challenging the constitutionality of a widely - publicized amendment to Colorado's constitution that would have prohibited any legislation protecting against discrimination based on sexual orientation; case received nationwide press coverage in broadcast and print media, including live coverage on Court TV, and was ultimately decided in plaintiffs» favor in the U. S. Supreme Court.

The ACLU had asked the court to provide it with information about wiretapping cases brought under the recent FISA Amendments Act of 2008 and to allow it to participate in any cases that question the act's constitutionality.

That's the case with the recent federal appellate argument over the constitutionality (under the Fourth Amendment) of New York's policy of random searches of bags belonging to passengers traveling on the New York subway system.

The cases include some interesting issues, such as the constitutionality of requiring voters to show a photo ID before they may vote; the constitutionality of execution by lethal injection where the procedure poses a risk of pain and suffering in violation of the Eighth Amendment ban on «cruel and unusual punishment»; and a Fourth Amendment case involving an unlawful search under state law that Volokh conspirator and Fourth Amendment guru Orin Kerr is interested in.

In July 2008, the Saskatchewan Federation of Labour and other unions challenged the constitutionality of both the PSESA and The Trade Union Amendment Act, 2008.

The constitutionality of privacy legislation in those provinces is now in question, and the legislatures are working to introduce amendments that will ensure Charter rights are not infringed.

But now that more recent Supreme Court rulings have stressed the constitutional importance of jury determinations in the sentencing enterprise, the constitutionality of acquitted conduct enhancements under the Fifth and Sixth Amendments is questionable.

Both state and federal courts have addressed the fourth amendment right against unreasonable search and seizure, but only the Supreme Court can interpret constitutionality of such checkpoints.

For example, in a landmark case in 1999, the Sandhills Association of REALTORS ® (along with other plaintiffs) challenged the constitutionality of a local sign ordinance in the village of Pinehurst, N.C. on the grounds that it interfered with their First Amendment speech rights.

A lawsuit was filed by, among others, a local REALTOR ® Association (collectively, the «Plaintiffs») challenging the constitutionality of the ordinance on the grounds that it interfered with their First Amendment speech rights.