Sentences with phrase «constitutionality as»

In an unusual step, the high court did not allow the mid-level Indiana Court of Appeals to review the program and rule on its constitutionality as it almost always does before taking an appeal.

Not exact matches

The B.C. Wine Institute says it has told the Alberta Gaming and Liquor Commission that it will seek a court injunction in Calgary as early as Monday to halt the two - week - old ban pending a legal review of its constitutionality.

«This is really a power grab and it's a phony bill because the whole intention is to take it up to our state supreme court to overturn the constitutionality of the no income tax that has been the tradition of our state, as well as state laws,» Hutchison told CNBC.

The class action suit, which seeks to determine the constitutionality of Obamacare, formally known as the Affordable Care Act, or ACA, is being led by the National Federation of Independent Businesses.

The equity market recouped some of yesterday's loss as the entire trading day was position squaring ahead of the German Constitutional Court rendering its decision on the constitutionality of the ESM and the role of ECB moves to buy the primary issuance of European sovereign debt.

At least as troubling is the suggestion of the guidelines that «constitutionality and related matters» require the neutering of the Church's witness on issues of moral moment in the political arena.

The oral argument defense of Obamacare's constitutionality so far has not just been bad, as has been reported, but has been stunningly bad.

It's unfortunate that current doctrine favors the trivialization of a religious symbol as evidence of its constitutionality, but that's where we are.

Readers familiar with the American case law will recognize this as a version of the «endorsement test» our own courts use to evaluate the constitutionality of public nativity scenes.

Skepticism is important sometimes, but this sort of constitutional power play is rarely employed even in those cases, such as nonestablishment cases, where the purpose of a policy is important to its constitutionality.

Judging the constitutionality of laws by the Court's «appraisal of the wisdom of legislation,» as he accused the Court of doing in this case, «is an attribute of the power to make laws, not of the power to interpret them.»

Her over 20 years of practice as an attorney includes serving as litigation coordinator for the Women Against Abuse Legal Center in Philadelphia, and on Planned Parenthood's trial team in its challenge to the constitutionality of the Pennsylvania Abortion Control Act.

A week earlier, on Dec. 7, the U.S. Supreme Court announced the justices will be hearing Windsor's challenge to the constitutionality of the Defense of Marriage Act (DOMA), as well as a challenge to California's Proposition 8 marriage amendment.

BY BILL LOVE and ROBIN FORST Members of the Lower Manhattan Democrats (L.M.D.) were thrilled by the recent U.S. Supreme Court decision that upheld the constitutionality of the Affordable Care Act — the centerpiece legislation of Barack Obama's first term as president.

It avoided the questions of constitutionality of regulating intrastate commerce (as - is, federal law would have had constitutional difficulties with alcohol bans in - state in the states that didn't pass state prohibition laws)

«It is very likely that NYSUT, as permitted by today's decision, will continue its challenge to the constitutionality of the tax cap, the effect of which is worsened by the recently enacted tax freeze.»

You don't think the constitutionality of Federal Government's authority to repudiate could be challenged based on section 4 of the 14th Amendment (as Geithner suggested)?

Schneiderman questioned the constitutionality of adding a special prosecutor for procurement as appointed by Cuomo, arguing the offices of both the AG and the state comptroller should have more oversight of contracting procedures.

This prompted Zuffa, LLC (the owner of the Ultimate Fighting Championship) to sue in federal court in 2015, challenging the constitutionality of the law and naming Schneiderman and Manhattan District Attorney Cyrus Vance Jr. as defendants.

The County Executive's proposal, which would make it illegal for alleged gang members to congregate in public areas implicates the same concerns as the Andrews case, and therefore, its constitutionality is questionable.»

«In fact, the issue of the constitutionality of the appointment of Justice Walter Onnoghen as substantive CJN, has generated a lot of controversy across our political spectrum, which of course is not healthy for the stability as a nation.

WAMC's David Guistina talks with Mike Spain of the Times Union about a federal appeals court upholding the constitutionality of the SAFE Act as well as Connecticut's post-Newtown gun control law, Uber fighting to bring ride sharing into the Capital Region, and New Yorkers found to overwhelmingly prefer dogs to cats.

«Our findings suggest these laws may produce «misinformed consent» and may require the court to rethink the constitutionality of abortion - related informed consent laws as a whole,» Daniels concluded.

The film's nationwide release, timed for social impact, comes just as the U.S. Supreme Court takes on Whole Woman's Health v. Hellerstedt, the landmark case that will determine the constitutionality of «TRAP» (Targeted Regulation of Abortion Providers) laws.

The lawyers talked Mildred and Richard into lending their names as plaintiffs in a suit challenging the Constitutionality of Virginia's longstanding statute prohibiting interracial marriage.

Linda Door protested outside the U.S. Supreme Court as it began hearing arguments on the constitutionality of the Affordable Care Act in March 2012.

While voucher opponents emphasized that the high court's refusal to review the case was not a ruling on the constitutionality of vouchers for students in religious schools, some supporters said they were free to interpret the court's action as a «green light» to push for Milwaukee - style plans elsewhere.

Through her involvement as a research assistant for the CRP — a position she started in 2005 when she was still a doctoral student at HGSE — Garces has served as counsel of record in three amicus curiae briefs for the Supreme Court, including the recent Fisher v. University of Texas, and previously on a case involving the constitutionality of K — 12 voluntary desegregation policies.

A decade after Massachusetts passed its charter school law as part of the Education Reform Act of 1993, city officials in North Adams, Massachusetts, sued the state Department of Education, challenging the constitutionality of charter schools.

The alliance and several families also filed as an intervenor in the state court suit challenging the constitutionality of the voucher law.

It is not often that so much is written about so little, but scholars are jostling to have the final word on what we know about vouchers as the Supreme Court prepares to rule on their constitutionality.

Formally known as the Opportunity Scholarship Program, school vouchers hit a bump in the road this past spring when Superior Court Judge Robert H. Hobgood temporarily halted the program pending a final ruling, calling into question the constitutionality of funneling public dollars into the coffers of private institutions.

EdChoice Vice President of Programs Leslie Hiner presented findings on the constitutionality of school choice and related issues as part of an EdChoice Research Symposium at the 5th Annual International School Choice and Reform Conference, which this year was part of the 15th Annual Hawaii International Conference on Education.

The lawsuit challenges the constitutionality of the mutual consent provision in the law as well as the district's implementation.

As public employees, the justices questioned the constitutionality of excluding these teachers from the collective bargaining of other teachers.

A Tallahassee judge dismissed their case last year, after finding the groups could not show the program harmed public schools and did not have standing as taxpayers to challenge its constitutionality.

The PTA joined the FEA, as well as the state's chapter of the NAACP and others, in challenging the constitutionality of the policy.

There is some question as to the constitutionality of something like this.

As the Martin Act is rarely used, Constitutional scholars have questioned both its validity and its Constitutionality.

As the conservative writer Charles Krauthammer explained, this is the reason Roberts voted to uphold the constitutionality of the Affordable Health Care Act or Obamacare, because he didn't want the judgement to be seen as another Bush v GorAs the conservative writer Charles Krauthammer explained, this is the reason Roberts voted to uphold the constitutionality of the Affordable Health Care Act or Obamacare, because he didn't want the judgement to be seen as another Bush v Goras another Bush v Gore.

Yet, if it is primarily the preserve of constitutional theorists — think of the American debate about the constitutionality of a proposed flag - burning amendment — it is nevertheless an issue with practical implications, as witnessed in the recent Pringle case before the CJEU.

As your evidence suggests, it isn't really the constitutionality — they are still «providing» lawyers — it is more just wrong.

As Justice Stratas put it to the attendees, should Canada ever be gripped by some form of threat or disorder, leading the government to abridge the civil liberties of many Canadians, do we want the judge deciding the constitutionality of the government's action to be able to turn to a body of constitutional law «based on fundamental principles, consistently applied over decades» — in other words, «settled legal doctrine» — or do we want the judge deciding the issue based upon «her or his own worldview?»

NB: When a tribunal must determine the constitutionality of a law, as distinct from an exercise of discretion under a law, the standard of review is still one of correctness.

* A three - judge panel of the Tenth Circuit seemed a bit torn as to the constitutionality of Utah's same - sex marriage ban during oral arguments yesterday.

This legal regime is very similar to criminal liability, which is very questionable in terms of constitutionality, as the Brazilian Constitution predicts criminal liability for legal entities only in cases of environmental crimes.

Morrison also attacked the constitutionality of a provision that presumes an accused knows a victim is underage — unless they can show they took reasonable steps to find out otherwise — as well as of the mandatory one - year minimum sentence as cruel and unusual punishment.

The mentions this as a background fact, but does not rely on the existence of these guidelines as a requirement for the constitutionality of checkpoint stops.

In both cases, bankruptcy lawyers challenged the constitutionality of bankruptcy law amendments enacted as part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

Other speakers on the agenda include Utah Attorney General (and 2010 Senate candidate) Mark Shurtleff, whose topic is vaguely described as «Utah's Approach»; Kirk Torgenson, Utah's chief deputy attorney general, speaking on criminal prosecution of polygamy; Utah Legal Clinic attorney Brian M. Barnard on the constitutionality of laws banning polygamy; Salt Lake City criminal - defense lawyer Grant W.P. Morrison on family law and polygamy; and Ken D. Driggs, an Atlanta lawyer and polygamy historian, on legal case histories involving polygamy.