Sentences with phrase «considering constitutionality»

The court was considering the constitutionality of the death penalty in the Kansas, where the statute specifically provided for this punishment where the mitigating and aggravating factors during the sentencing of a murder were of equal weight.
The Supreme Court is now considering constitutionality of these fees, in a case about which I have written quite extensively.
The court was considering the constitutionality of the death penalty in the Kansas, where the statute specifically provided for this... [more]
Its future may well be decided by the German courts currently considering the constitutionality of the Convention establishing it.
Meanwhile, a U.S. appeals court in New York is set to take its turn today at considering the constitutionality of the Defense of Marriage Act, a federal law restricting the recognition of same - sex unions that has already been struck down in several other places.
Jackson did not consider the constitutionality of the policy but kept the door open for doing so.
Come the New Year, the U.S. Supreme Court will consider the constitutionality of condemnation for private redevelopment.
Though he was facing 20 years in prison, in May 2010 Bruno was sentenced to just two years in prison — and he was allowed to remain free while the Supreme Court considered the constitutionality of the law used to convict him.
The U.S. Supreme Court agreed last week to consider the constitutionality of a federal law that requires public libraries receiving federal technology funds to block pornographic Web sites.
To be specific, the case will consider the constitutionality of Michigan's Proposal 2, a voter - approved ban on affirmative action policies in Michigan universities, which was passed through a ballot vote in November 2006 with a margin of 58 — 42 percent.
During its inaugural 2014 - 15 year, the program moved forward while the state Supreme Court considered the constitutionality of sending public dollars to private, religious schools that are subject to very little oversight by the state.
The Supreme Court of Canada's decision in Nur considers the constitutionality of a three - year mandatory minimum sentence for unlicensed possession of a loaded firearm.
In a complex and divided decision, the Supreme Court of Canada considered the constitutionality of using sniffer dogs to confirm a police officer's suspicion that a suspect is in possession of narcotics.
Yesterday, the Supreme Court considered the constitutionality of the Partial Birth Abortion Ban Act of 2003, according to this article, Supreme Court Justices Have Pointed Abortion Discourse (AP 11/8/06).
This is the third time in the Court's entire history that it has considered the constitutionality of a federal affirmative - action program.
Ten years later, in Ontario (Attorney General) v Fraser, 2011 SCC 20, [2011] 2 SCR 3, the Court considered the constitutionality of labour relations legislation specifically targeted at agricultural workers.
When it comes to Article I courts, though, Congress would probably have virtually unlimited discretion to impose the kinds of requirements that you're talking about, and even to say that the court has no jurisdiction to consider constitutionality at all.
The U.S. Supreme Court has agreed to consider the constitutionality of Connecticut's Megan's law.
We have not considered the constitutionality of the Bill, but presumably, this will be addressed in the Parliamentary process.
A federal court has considered the constitutionality of a city's ordinance requiring inspections prior to closing.
A federal appellate court has considered the constitutionality of a government's attempt to impose new requirements on the purchasers of scrap metal.
A California federal court has considered the constitutionality of California's regulations prohibiting the advertising of real estate listings without a license.
The Ninth Circuit has considered the constitutionality of a City's ordinance which regulates off - site commercial signs based on the sign's content.
A federal appellate court has considered the constitutionality of a city's ordinance requiring inspections prior to closing.
The Supreme Court of the United States considered the constitutionality of a ban on corporations making independent expenditures in federal candidate elections.

Not exact matches

The constitutionality of the California law requiring such fees will be considered by the Supreme Court this coming term.
Because they are funded through voluntary contributions rather than public funds, tax - credit scholarships have a perfect record of constitutionality at the U.S. Supreme Court and at every state supreme court that has considered the issue.
A critical test for the voucher lawsuits will come on Friday, though, when attorneys for the individuals, groups and boards of education challenging the «Opportunity Scholarship» Program ask the court to delay its implementation while the judge considers its underlying constitutionality.
On November 5, Nevada Attorney General Adam Laxalt asked a Carson City judge to dismiss the Parents» lawsuit challenging the constitutionality of the state's new education savings accounts, widely considered to be the most aggressive school - choice program in the country.
When a law treats an alien differently from a U.S. citizen, courts treat the law as inherently suspect and apply strict scrutiny when considering the law's constitutionality.
Refusing to consider reasonably foreseeable impacts of an impugned law would dramatically curtail the reach of the Charter and the ability of the courts to discharge their duty to scrutinize the constitutionality of legislation and maintain the integrity of the constitutional order.
The test's previous requirement that «no other reasonable and effective manner in which the issue may be brought to court» has now been replaced with a more contextual approach allowing courts to consider if it is realistic and efficient for an individual to challenge the constitutionality of the legislation on their own.
In my last post on Double Aspect, I wrote about the religious freedom issues addressed in the Supreme Court's recent decision in Ktunaxa Nation v British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54, which concerned the constitutionality of a ministerial decision to allow development on land considered sacred by an Aboriginal nation.
The Board refused to consider respondent's constitutional challenge on the ground that, as a quasi-judicial body, it had no authority to pass on the constitutionality of state law.
After the U.S. Supreme Court agreed to consider a challenge to the constitutionality of lethal injection, attorneys for Richard, a convicted murderer, had less than a day to craft an appeal for a stay of execution pending resolution of the issue before the high court.
Therefore, given that the court in Banks failed to consider such pressing issues, the constitutionality of the Safe Streets Act should be revisited.
Advised winery and vintners» association on constitutionality of bill being considered by the California legislature regarding wine labeling that includes brand names indicative of the wine's geographic origin.
A New Hampshire federal court has considered a challenge to the constitutionality of its real license laws by a website that advertised...
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