Sentences with phrase «compelling interest»

The court held that this narrowly construed clause met the states compelling interest in preserving an open - minded judiciary and in protecting the due process rights of future litigants.

What compelled his interest was the mystery of consciousness.

I do not expect to find my moral philosophy codified in the Constitution, and others may find the moral claim of fetal life outweighed by compelling interests of equality and individual autonomy.

In 2007, a divided Supreme Court, in cases from Louisville and Seattle had re-affirmed the achievement of diversity and elimination of segregation as compelling interests, but limited the means by which school districts could reach these goals.

The rationale for the test is that the more exemptions or accommodations a law provides, the less generally - applicable the law is, and the less likely the legislature viewed the law's purpose as a truly compelling interest.

Of most compelling interest to Miami, and of seismic impact on the NBA, is the fact that Shaq's 7» 1» and 330 pounds now come wrapped in a number 32 Heat uniform.

In Bush v. Vera (1996), [144]: 983 a plurality of the Supreme Court assumed that complying with Section 2 or Section 5 constituted compelling interests, and lower courts have allowed only these two interests to justify racial gerrymandering.

Unlike abortion though, where most Canadians are content to live in a country where we turn a blind eye to the subject and allow it to continue based on individual preference, there are far more compelling interests at stake here.

As noted by Justice Neil Gorsuch, if the Stevens Treaties were interpreted to allow regulation of the tribes» fishing rights where the state has a substantial compelling interest, it would defeat the point of the treaties entirely.

Foreign persons are prohibited from donating to campaigns directly or indirectly (see 11 CFR 110.20) because of the government's compelling interest in preventing foreign influence in elections.

Applying strict scrutiny, the district court held that the rules were not facially unconstitutional, finding the provisions narrowly tailored to Ohio's compelling interests of impartiality, appearance of impartiality, and preventing coercion.

The hyphen is what compels my interest.

The justices will also have to determine whether the contraception and fertility requirements of the Affordable Care Act pose a substantial burden to businesses, and whether the government has a compelling interest in imposing these provisions.

At issue is whether the federal government has violated the 1993 Religious Freedom Restoration Act, which prevents the government from substantially burdening individuals of faith, unless it can prove a compelling interest.

In essence, that bill gives individuals a way to opt out of federal laws that restrict religious practices, except in cases where the federal government has a compelling interest.

The outcry is in response to Indiana's Republican Gov. Mike Pence signing into law a «religious freedom» bill that will free individuals and business owners from abiding by state and local laws that «substantially» burden their exercise of religion, unless the government can prove that it has a compelling interest and is doing so by the least restrictive means.

However, RFRA also provides that despite a showing of a «substantial burden,» if the government can show a «compelling interest» (that is, the law is necessary to achieve some const - itutionally permissible goal) and the means to achieve this interest is the «least restrictive» means (that is, there's really no alternative way), then the law will will stand.

They are interests relevant to understanding God, however, because of how God is present to be apprehended and not because they are morally admirable and compelling interests — although they are certainly that also — that persons bring with them to the effort as a theological school to understand God truly.

The court expressed «no view on the merits of the cases» and pointed out that it did not decide whether «religious exercises has been substantially burdened, whether the government has a compelling interest, or whether the current regulations are the least restrictive means of serving that interest.»

For the mosque construction projections is has supported so far, the ADL's legal arguments revolve around the Religious Land Use and Institutionalized Persons Act, a 1990 law requiring government to show a compelling interest if it imposes land use regulations on houses of worship.

Indeed, by allowing parents to meet the compulsory school attendance requirement by sending their children to private institutions that espouse the second approach, the State tacitly acknowledges that its «compelling interest» in education is adequately served in such schools.

So the compelling interest must lay in that particular class of employers who self - insure and are subject to the rule.

Nonetheless, to my knowledge, claims of Free Exercise infringement generally fail when relating to taxes, as tax collection is typically held to meet the compelling interest standard.

And now, there is a story out of New York in which I think the government can show a compelling interest in regulating circumcision.

We can not so easily divorce Christian and civil marriage, because everyone has a compelling interest in legal, natural matrimony.

Under the law, the government must have a compelling interest to overrule a religious belief, and must to do in the least intrusive way possible.

And this is what I have found myself doing, at first almost by accident and now more self - consciously, both because I think that literary criticism can do some things that historical criticism can not do and because I find it to be of compelling interest.

The Court conceded there was a compelling state interest in providing contraception; however, because the ACA has a number of exemptions and accommodations, most notably excusing non-profit religious organizations from the contraception mandate, forcing the plaintiffs to provide contraception coverage was not the least restrictive means to further the compelling interest, i.e. the HHS could have allowed the plaintiffs the same accommodations available for non-profit religious organizations.

But with respect to the tax issues, I believe the pre-Smith precedent is firmly against these types of claims (e.g. compliance with social security regulations were viewed as a compelling interest with no less restrictive means of furthering the government interest).

In other words, when the Court looks to whether the government has a compelling interest (i.e. the «importance» the government places on a particular regulation), numerous exceptions to the law's applicability suggest the government doesn't view the «importance» such as to rise to the level of a compelling interest.

The radical theologian has a strange but compelling interest in the figure of Jesus.

The burden shifts to the State to prove that its race - based sorting of voters serves a «compelling interest» and is «narrowly tailored» to that end.»

However, the government can abridge those rights when a compelling interest is demonstrated.

If a policy has a greater impact on racial minority groups, it must pass a stricter «compelling interest» test.

In a brief floor speech, Savino said the bill was being pushed by advocacy groups with a compelling interest in legalizing marijuana for recreational use, who she accused of «utilizing the pain and suffering of these families to try and peel back the regulatory structure that we've established here in New York state.»

Malcom said the difficult challenge of achieving that diversity will be made only tougher if the Court upholds that compelling interest in the Fisher case but puts new restrictions on the means for achieving it.

At the national level, as most industrialized countries discovered after World War II, the compelling interest is keeping the country focused on the development of human talent.

The court assigned the burden to the government to show its regulations advanced a compelling interest through the least restrictive means, and found the government did not.

Schools should take the compelling interest that students have expressed in this show and use it to capitalize on forming, extending, and deepening their relationships with their students in ways that students feel seen and understood on their terms, not just ours.

In the letter, Judge Kalokathis said he found a compelling interest to leave the old system in place for the 1997 - 98 school year.

In 2001 only the federal appeals court covering the states of Connecticut, New York, and Vermont had upheld the use of race in student assignment or magnet school admissions in school districts not already under court order; it did so on the grounds that the state had a compelling interest in racial diversity.

The lawyers from both sides claim that they are not challenging diversity as a compelling interest.

The University of Michigan is involved in two law suits — Grutter v. Bollinger and Gratz v. Bollinger — that center on the key question of whether diversity is a compelling interest to justify the use of race - conscious affirmative action in admissions.

In the Jefferson County case, the District Court found that the school district had asserted a compelling interest in maintaining racially diverse schools, and that its plan was, in all relevant respects, narrowly tailored to serve that interest.

In essence, the court must decide whether racial diversity in schools is a compelling interest — one that justifies the government's use of race in selecting students for admission to public high schools.

Evidence that race is a good proxy for other factors that might be correlated with educational benefits does not support a compelling interest in the use of race to achieve academic results.

If we are to insist upon unanimity in the social science literature before finding a compelling interest, we might never find one.