The oral argument defense of Obamacare's
constitutionality so far has not just been bad, as has been reported, but has been stunningly bad.
Not exact matches
Jackson did not consider the
constitutionality of the policy but kept the door open for doing
so.
In
so doing it forgets a wise remark made by Justice Frankfurter in 1938 (Graves v. New York): «The touchstone of
constitutionality is the Constitution itself and not what we have said about it.»
March 21, 2013 (readMedia)-- The New York State Rifle & Pistol Association filed suit today in federal court challenging the
constitutionality of the
so - called SAFE Act.
«The issue which has been raised by Hon. Mahama Ayariga on the
constitutionality of the appointment of senior minister... now the main argument that Hon. Ayariga has put out is that the constitution does not envisage the appointment of a prime minister and if you listen to all justifications that have been given
so far for the appointment of a senior minister, it will appear that the senior minister is a prime minister in disguise, that's the gravamen of the argument of Mahama Ayariga.»
It was
so declared by (Supreme Court Chief Justice) Roberts when he upheld the
constitutionality of the ACA.
So the White House is pushing back, trading legal memos with congressional investigators on the
constitutionality of the Wolf clause, which also binds Holdren's Office of Science and Technology Policy.
The justices do not announce in advance which decisions they will release on a given day,
so Mr. Bolick hoped each time that a ruling would come on the
constitutionality of the Cleveland voucher program.
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.
However, the systemic problems in our education model are
so pervasive and entangled that — asked only to address the
constitutionality of our spending — Moukawsher has found himself requiring the state to produce a plan that also addresses standards, human resources, special education, and the relationship between state and local government.
In a brief but highly unusual order issued this morning, the Supreme Court reversed course and agreed to hear the Guantanamo detainee case, concerning the
constitutionality of the administration's policy of detaining
so - called enemy combatants without allowing them to challenge the legality of detention through use of a writ of habeaus corpus.
Underpinning all is the Constitution of the UAE which provides in Article 99 (inter alia) that the Federal Supreme Court of the UAE has jurisdiction to decide the
constitutionality of other laws, if
so requested by a court in the UAE, to interpret the constitution if
so requested by any federal authority or the government of any Emirate and to decide, according to Federal law, on conflicts of jurisdiction between federal courts and local courts and between the courts of different Emirates.
So, stay tuned to see how the Court now addresses the
constitutionality of some sections of the PIPA, the PIPA Regulation and / or the original order of the adjudicator in this matter.
Air Canada wanted to challenge the
constitutionality of a law enacted by the B.C. legislature but, under old rules for suing the Crown, required a fiat — a permission — from the Lieutenant - Governor to do
so.
In Trial Lawyers the majority addressed the
constitutionality of hearing fees, concluding that, if they are set
so high as to prevent people accessing superior courts, they would contravene section 96 of the Constitution Act, 1867, which had previously been held to protect the «core» jurisdiction of the courts to which it refers.
You absolutely can argue about the
constitutionality of laws at the trial court level and indeed, you are required to do
so in order to preserve the argument for appeal.