Sentences with phrase «as unconstitutional infringements»

The GOP had moved more aggressively into the new Wild West - like campaign cash environment created by federal court decisions striking down spending and fundraising restrictions as unconstitutional infringements on free speech.

Not exact matches

Even a very incomplete list gives an impression of the large number of significant opinions he has written: seminal administrative law cases such as Chevron v. NRDC and Massachusetts v. EPA, the intellectual property case Sony Corp v. Universal City Studios (which made clear that making individual videotapes of television programs did not constitute copyright infringement), important war on terror precedents such as Rasul v. Bush and Hamdan v. Rumsfeld, important criminal law cases such as Padilla v. Kentucky (holding that defense counsel must inform the defendant if a guilty plea carries a risk of deportation) and Atkins v. Virginia (which reversed precedent to hold it was unconstitutional to impose capital punishment on the mentally retarded), and of course Apprendi v. New Jersey (which revolutionized criminal sentencing by holding that the Sixth Amendment right to jury trial prohibited judges from enhancing criminal sentences beyond statutory maximums based on facts other than those decided by a jury beyond a reasonable doubt).

Even if FISA was construed narrowly to preclude Stellar Wind, the memo argues it would be unconstitutional as an impermissible infringement on the President's constitutional powers as Commander - in - Chief,