Sentences with phrase «constitutionality at»

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.

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.

Finally, we explore the constitutional challenges for parental choice programs in states with certain constitutional provisions and explain why tax - credit - funded educational choice laws have a perfect record of constitutionality at the U.S. Supreme Court and at every state supreme court that has addressed the matter thus far.

Not exact matches

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.

They were further perturbed by his willingness to shake Maduro's hand at a meeting of the government with all of the newly elected governors in January, implicitly endorsing the constitutionality of Chávez's absence in the midst of a rightist campaign pressing the opposition to derecognise the legitimacy of the government.

The Log Cabin Republicans» reply brief Friday said that the Justices» review of that case was opposed by the other challengers based on the argument that the Court should await the development of a full factual record at a trial on the policy's constitutionality.

At issue are the constitutionality of laws in 22 states — including New York — that force public employees...

When the Saxbe fix was used for Hillary Clinton, who had the same problem, there was some debate over whether it would be valid, due to the timing of when the raise by the Executive Branch took effect compared to exactly when Clinton resigned from the Senate and when her term of service began at the State Dept.. The Constitutionality has nothing whatsoever to do with Clinton's personal actions and these particulars would hold for others too if the timing was similar.

At issue was the constitutionality of the Arizona Independent Redistricting Commission, which was established by state constitutional amendment in 2000.

At issue are the constitutionality of laws in 22 states — including New York — that force public employees who do not want to belong to unions to pay unions «agency fees» for bargaining collectively on their behalf.

Legally, we have the court decision right here that uphend the constitutionality (at the EU level) of the french «Burqua Ban».

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.

The Attorney General's office has failed to respond to a lawsuit at the Supreme Court, challenging the constitutionality of former President John Mahama's decision to pardon the Montie trio.

«We are looking at challenging the federal tax bill constitutionality,» said Eagan.

A US Supreme Court ruling on the ObamaCare mandate's constitutionality isn't expected until June, at the earliest.

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.

The U.S. Supreme Court hears oral arguments in a Rhode Island case that tests the constitutionality of prayers at public school graduation ceremonies.

The Bush Administration asks the U.S. Supreme Court to uphold the constitutionality of nonsectarian prayers at public school graduations.

Despite the presence of Blaine Amendments in the state Constitution at the time of its decision, the Louisiana Supreme Court upheld the constitutionality of a program in which public funds were used to purchase, among other things, textbooks for parochial schools.

There have been unanimous, or at least very strong decisions, in a whole bunch of state supreme courts, and a very strong decision from the U.S. Supreme Court about the constitutionality of these programs, because they're not dealing with public funds.

In 2002, the United States Supreme Court affirmed the constitutionality of private school choice programs at the federal level.

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.

At least eight U.S. State Supreme Courts have upheld the constitutionality of breed - specific legislation including: Arkansas, Colorado, Iowa, Kansas, Ohio, Utah, Washington and West Virginia.

In addition, the constitutionality particularly of the proposed 1.5 % reduction of feed - in tariffs for existing plants in 2014 will surely be questioned,» Dr. Matthias Lang, an energy lawyer at Bird & Bird LLP in Düsseldorf and author of the «German Energy Blog,» said in February.

Joining us to discuss the law and its constitutionality are Marielena Hincapié, executive director of the National Immigration Law Center, and Paul Bender, professor of law and dean emeritus at the Sandra Day O'Connor College of Law at Arizona State University.

Instead, the constitutionality of provincial laws is to be resolved pursuant to the aboriginal rights framework under s 35 of the Constitution Act 1982 and R v Sparrow, [1990] 1 SCR 1075 (Tsilhqot» in at paras 139, 151).

At 11 a.m. ET today, C - SPAN will stream the oral arguments in Rumsfeld v. Forum for Academic & Institutional Rights, involving the constitutionality of the Solomon Amendment, requiring universities to allow military recruiters on campus or lose federal funds.

A man challenging the constitutionality of Canada's nudity laws this week has a long history of legal battles with police, including at the Human Rights Tribunal of Ontario.

At the heart of the decision are questions of constitutionality, specifically whether these three Criminal Code provisions violate section 2 and 7 of the Charter.

Norris says his client is also challenging the constitutionality of Bill C - 24 at the Federal Court.

The case was brought by the British Columbia government, which wanted to test the constitutionality of the law before taking legal action against members of a breakaway Mormon sect that practises polygamy at their Bountiful settlement in the southeast of the province.

On the 12th September 2012, the German Constitutional Court issued its much - expected third judgment on the constitutionality of measures that have been taken at the level of European and international law in response to the ongoing sovereign debt crises in the Eurozone and the crisis of the currency union that resulted thereof.

At some point someone is going to take a run at the constitutionality of it — but that could take yearAt some point someone is going to take a run at the constitutionality of it — but that could take yearat the constitutionality of it — but that could take years.

v. Holder, the Supreme Court today declined to address the constitutionality of Section 5 of the Voting Rights Act, keeping the law alive for a future challenge, reports Tony Mauro at The National Law Journal.

He potentially faces deportation to a country where he may be at risk of torture or death, although the constitutionality of his deportation in such circumstances is not before us in the present appeal.

While, in Street, the Court strains to avoid the crucial constitutional question, here it summarily treats the constitutionality of a major provision of the Social Security Act when, given the Court's interpretation of the legislative materials, that provision is not at issue.

Of note was the fact that Ernst had not sought to challenge the constitutionality of section 43 of the ERCA itself; notice of constitutional question had not been given to the Attorneys General of Alberta and Canada, as required by section 24 of the Judicature Act, RSA 2000, c J - 2 (2013 ABQB 537 at para 89).

Justice Moldaver was of the view that the court should focus on the constitutionality of the Crown's election to proceed by indictment rather than summarily and not on the law itself, at para. 150:

[2] At issue are the interpretation and the constitutionality of s. 515 (2)(e) of the Criminal Code, R.S.C. 1985, c. C - 46, which authorizes one form of pre-trial release.

This trend represents a restatement of the importance of the constitutionality review at national level, after the first Taricco decision.

At issue was the constitutionality of the Alberta Family Law Act and Family Law Relations Act.

In a recent judgment, Justice Lynne Smith of the British Columbia Supreme Court identified grounds upon which to reopen the question of the constitutionality of the criminal prohibition against physician - assisted dying, claiming, in effect, that while the Supreme Court had at the time of the Rodriguez been correct in stating that a blanket prohibition on physician - assisted dying would be rationally connected to the goal of protecting the most vulnerable people in Canadian society, such a prohibition is overbroad (you don't need to deny everyone the right to physician - assisted suicide in order to protect society's most vulnerable persons) and grossly disproportionate in its effects.

As part of the Constitutional Clinical Law class at the University of Calgary, we studied the constitutionality of the exclusion of farm workers from four statutes in Alberta; the Occupational Health and Safety Act, RSA 2000 c O - 2 [OHSA], Labour Relations Code [LSC], RSA 200 c L - 1, Employment Standards Code, RSA 2000 c E-9 [ESC], and the Workers» Compensation Act, RSA 2000 c W - 15 [WCA].

First, West Coast LEAF will be intervening at the Supreme Court of Canada in a case challenging the constitutionality of a section of the Controlled Drugs and Substances Act that creates a mandatory minimum jail sentence of one year for drug trafficking in certain situations.

His lawyer took aim at the constitutionality of the reverse onus when the Charter came into effect the next year.

The U.S. Supreme Court had decided at around 10 am that morning to accept a case from Kentucky (Baze v Rees) in order to rule on the constitutionality of the method of lethal injection as a means of carrying out executions.

In that decision, the SCC upheld the constitutionality of the prohibitions on bawdy - houses and communicating — two of the three provisions at issue in the Bedford case.

Vriend then took the Alberta government and its Human Rights Commission to court, challenging the constitutionality of the IRPA, and winning at trial, but losing on appeal.

There's been zero case law in Florida testing the new statute's constitutionality, but given the huge sums of money at stake, it's probably only a matter of time.

Some of McLeod's prominent cases include successfully arguing the 1999 Supreme Court of Canada case R. v. Golden, which addressed the constitutionality of police strip searches, as well as R. v. Douse in 2009, a case that looked at non-conscious racism in the Canadian judicial context.