Sentences with phrase «constitutional muster»

There is no doubt that the «tender years» doctrine — which favored granting mothers custody of young children — would not pass constitutional muster in the 21st century.

Even if the bill, which would negate shotgun and rifle requirements for hunters, did gain support in the U.S. House, Slaughter is convinced it wouldn't pass Constitutional muster with regards to the Tenth Amendment.

Whether Colorado's new voucher law will affect education in the state depends on whether the state legislature can pass a voucher bill that meets constitutional muster.

The court determined the tax - credit passed federal constitutional muster because it was religiously neutral and allowed a broad spectrum of private choice; it therefore did not have the impermissible effect of either advancing or inhibiting religion under the Establishment Clause.18

«The plaintiffs contend that the criminal libel statute does not pass constitutional muster because it is both overbroad and vague.

Even if such a law intrudes into provincial jurisdiction over natural resources, the Court added, it will nevertheless pass constitutional muster so long as it is a law of general application.

A Missouri circuit court today ruled against a group of citizens hoping to overturn the Show - Me State's Congressional redistricting maps on the grounds that they did not meet state constitutional muster.

The laws currently pass constitutional muster despite the presence of anti-aid provisions in state constitutions because the courts recognize that tax credits entail private money, not government revenue.

In his ruling, issued this morning from the bench, the judge broke down the program and detailed the many reasons why it failed constitutional muster:

All three opinions concluded that such an act, along the lines of the model proposed by the Committee, would pass constitutional muster under the trade and commerce power.

Secondly, the Supreme Court tries very very hard, even when it strikes down particular laws, to avoid saying what would pass constitutional muster instead (which is what it sounds like you're proposing).

What measures would pass constitutional muster with the Second Amendment in place, especially given that even the Republican - backed gun access / school safety bill passed in Tallahassee is now the subject of a lawsuit issued by the NRA?

However, it is possible to design an ESA program that is privately funded with the aid of a tax credit that should pass constitutional muster in nearly every state.

Whether these state «Blaine Amendments,» named after the 19th - century presidential candidate who promoted anti-Catholic bigotry nationwide, will survive federal constitutional muster is not yet known.

Specifically, some of the Justices pressed the plaintiff on whether he thought any cap on noneconomic damages would meet constitutional muster.

Nine more wrote that the amendment should be rewritten to allow for gun control measures that currently would not pass constitutional muster, such as the Washington, D.C., handgun ban that was overturned in the landmark 2008 District of Columba v. Heller decision that also found Americans have an individual right to own firearms, never mind all this «well - regulated militia» business.

But in addition to passing constitutional muster, the mandate should be reviewed to determine what new types of lawsuits may arise.

Further, the supermajority requirement «passes constitutional muster» unless it can be shown it discriminates against a certain class and «nothing of the sort is alleged here,» Devine added.

Cuomo said the first job of the group is to develop how best to overhaul the state's donor laws that would pass the Legislature and Constitutional muster in the wake of the Supreme Court's Citizen's United case.

All of this presented a problem last May when leaders of the Republican - controlled state Senate asked the state's highest court to advise them whether ranked choice voting would pass constitutional muster.

Seeking to regain access to drugs that have passed constitutional muster, several states, including Texas, South Dakota and Georgia, are turning to a questionable source: compounding pharmacies.

For one thing, such restrictions are unlikely to pass constitutional muster: Pharmaceutical advertising has been deemed protected speech in a string of court rulings.

San Francisco's groundbreaking economic - desegregation plan satisfies the short - term goals of the litigants — creating a student - assignment system that avoids racial quotas, passes constitutional muster, yet also maintains a degree of racial diversity in the schools, given the connection between racial and economic status.

Crafted wisely by state political leaders, legislation may pass constitutional muster.

In its May 17 decision in Crumpton v. Chop, the panel said a proportional - layoff scheme designed to help preserve hiring gains made by minority teachers would pass constitutional muster.

Arizona lawmakers now have a deadline to meet in reworking their states school finance system, after a state judge said a recent fix did not pass constitutional muster.

The money would be contingent on an impending state Supreme Court ruling that will decide if the program that allows students the option of taking public funds to attend private schools passes constitutional muster.

Marion Superior Judge Michael Keele rejected those arguments in January when he ruled the voucher program passed constitutional muster.

Connecticut's students and communities deserve more than a system that may or may not pass constitutional muster, they deserve a system that provides each and every one of them with resources and opportunities for success.

Now, the Supreme Court must decide whether the law passes constitutional muster and can be implemented.

The program is not only designed to pass constitutional muster, but also to provide families relying on scholarship assistance with a stable source of funding and the opportunity to design the best possible educational program for their special needs child.

Meanwhile, as to the lawsuit as a whole, Republicans in House and Senate leadership appear confident in the constitutional muster of the new law.

And because only newly hired teachers would participate in any 401 (k)- style plans, such a reform would pass constitutional muster.

In the wake of Judge Shira Scheindlin's ruling in Floyd v. City of New York striking down the NYPD's stop - and - frisk policy, the latest edition of Lawyer2Lawyer looks at whether and how stop - and - frisk policies can pass constitutional muster.

The Solicitor's Office assured Holder that it could defend the constitutionality of a voting rights proposal before the Supreme Court, which convinced him that a voting rights bill would pass constitutional muster.

Can we honestly say that that hypothetical scenario would pass constitutional muster?

To say the least, implementing a Final Rule consistent with a congressional mandate does not require a Court to hold that the Rule automatically passes constitutional muster.

Courts across the country addressing the issue have consistently found that the Graves Amendment passes constitutional muster and preempts state law.

So most likely this law would not pass constitutional muster.

They are about whether the laws Parliament has enacted on how prostitution may be carried out pass constitutional muster.

In a sensational case, a judge may impose a gag order on jurors, but it would be unlikely to pass constitutional muster.

If the living on the avails provision were narrowly tailored to target pimps or others who exploit prostitutes, it could pass constitutional muster.

In any event, I do not see how the university could write regulations that are clear enough to pass constitutional muster.