Sentences with phrase «compelling state interest»

In Loughry v. Tennant et al., the West Virginia Supreme Court recognized that judicial elections are different from executive and legislative elections, and concluded that there are unique and compelling state interests in «protecting the impartiality and integrity of the judiciary, and strengthening public confidence in the judiciary.»

The court found no such compelling state interest.

The strict scrutiny test you're referring to here would apply under a direct challenge of the const - itutionality of the ACA as well as under the Religious Freedom Restoration Act, i.e. Compelling State Interest, Narrowly Tailored to the interest, and Least Restrictive Means.

In the Boy Scouts case, the Court found that preventing discrimination against homosexuals by private organizations was not a sufficiently compelling state interest.

Mr. Harris says that Congress could define anything as a «compelling state interest.»

Instead of «compelling state interest,» some students of the subject prefer that the state be required to meet something like a test of «supreme and overriding governmental interest.»

If the Congress violates the intent of RFRA by playing fast and loose with «compelling state interest,» there is a political remedy.

Mr. Harris, invoking the distinguished Judge John Noonan, is right to note the «dismal record» of courts overriding religious freedom in the name of a flatulent notion of «compelling state interest.»

The accommodationist, therefore, argues that the state should back off whenever possible — formally, whenever a compelling state interest is not served by the effort to rein in religions that would otherwise press for meanings of reality that the state abhors.

Unlike the unfortunate Bob Jones University case of several years ago, the opinion in this case does not even trouble itself to argue that the State of California has some compelling state interest in overriding a serious free - exercise claim.

Most accommodationists place the limit at «compelling state interest»; but even setting compellingness as the standard, and handling it correctly, the courts in the end will be centering their concern on the needs of the state, not the needs of the religionist.

In that event, Ms. Ware's office would have had to demonstrate a «compelling state interest» that prevents Beverly Schnell from having a Christian handyman in her house.

Under the Romer logic, I believe, it will easily find no compelling state interest in confining marriage to a man and a woman, when the fallout from the case in Hawaii's state courts reaches the federal level.

Wisconsin v. Yoder does allow the state to affect the free exercise of religion if there is a compelling state interest.

The courts would simply apply the RFRA with its «compelling state interest» test, and, if history is any guide, the claims of religious liberty would lose.

And they have used «compelling state interest» to justify their denial of constitutional guarantees.

Judge Noonan points out that the employee was not required to participate in or even listen to the services; he then recounts the historical record of free exercise claims under the Court's «compelling state interest» standard:

This test is being praised by the backers of the RFRA as duplicating the «compelling state interest» standard that the Supreme Court applied to free exercise cases before the Smith decision.

If Congress declared that something is a «compelling state interest,» that declaration, being an expression of legislative intent, would necessarily prevail.

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.

RFRA requires that if a federal law imposes a substantial burden on religious exercise, the law will only survive challenge if: 1) it serves a compelling state interest: and 2) it operates via the least restrictive means.

These rights are then declared to be so fundamental that deprivation or limitation of them is arbitrary unless justified by «a compelling state interest,» of which the Court is the judge and often finds not to exist.

[142]: 916 [143]: 621 If a court concludes that racial considerations predominated, then the redistricting plan is considered «racially gerrymandered» and must be subjected to strict scrutiny, meaning that the redistricting plan will be upheld as constitutional only if it is narrowly tailored to advance a compelling state interest.

There are, however, some narrow restrictions which might be viable in the new bill, including pre-existing laws regulating matters such as medical licensure or practice and instances when there is a «compelling state interest» to restrict access.

Mr. Castorina asserted that, in so doing, Mr. Larimer created a precedent whereby governors must advance «a compelling state interest» as reason for waiting to declare a vacancy.

Justice Thomas asked, if operating a public university law school is such a compelling state interest, why do a number of states including Alaska, Delaware, Massachusetts, New Hampshire, and Rhode Island — choose not to do so?

Gerald Young of the state attorney's office told the court that that the Charlotte Public School District would need to demonstrate a «compelling state interest» if it wanted to bar a private - school student from the class.

In that case, four justices said that racial balancing alone can never be a compelling state interest.

It can be overridden by laws or regulations that serve a compelling state interest.

We could discriminate against them but only if doing so was a compelling state interest (Is tolerance a compelling state interest?

The president of this organization, Jim Appleton, said in a statement regarding to the appeal: «We are confident that the courts will recognize the compelling state interest in regulating the sale and distribution of new motor vehicles and that Tesla's legal challenge of the NJMVC rules will fail.

The proposed change would add a new section to the Oklahoma Constitution that would prevent our elected policymakers from passing any law that «abridges the right of farmers and ranchers to employ agricultural technology and livestock production and ranching practices without a compelling state interest.»

There may not be a compelling state interest involved, leaving your family's investment and land utterly destroyed.

To be valid, the law must be necessary to serve a compelling state interest.»

There is no compelling state interest enforced in the eligibility provisions of the South Carolina statute which justifies the substantial infringement of appellant's right to religious freedom under the First Amendment.

Accordingly, recusal rules, such as SCR 60.04 (7), must be narrowly tailored to meet a compelling state interest.

Even though respondents had a legitimate expectation of privacy in their e-mails, they could still be disclosed if such disclosure served a «compelling state interest.»

The Court held that disclosure here may serve a compelling state interest, namely:

When such usage is not otherwise authorized by statute or court rule, an explanation of the compelling state interest in such usage shall be included in the order and 4) Take such other actions as the Chief Justice reasonably believes necessary for the continued operation of the courts during a judicial emergency.

Notably, in this litigation, the state did not argue that the statute furthered a compelling state interest, only that the issue was moot because the state did not intend to disburse any matching funds.

The Ninth Circuit, applying strict scrutiny, held that the provision was unconstitutional finding the state had not shown it was necessary to further a compelling state interest, or that it was narrowly tailored to serve that purpose.

The court found that the endorsement clause was narrowly tailored to serve the compelling state interest of promoting impartiality and the appearance of impartiality.

The court further upheld restrictions on how funds could be solicited and prohibitions on endorsements of other candidates, finding the restrictions were narrowly tailored to further a compelling state interest in preserving impartiality and the appearance of impartiality.

The court upheld the state's recusal rules, finding that they are narrowly tailored to serve the compelling state interest in judicial impartiality.

Topics: legal research, Fourth Circuit, family law, Brett turner, Windsor update, Bostic v. Schaefer, same - sex marriage a fundamental right, no compelling state interest, Niemeyer dissent