Sentences with phrase «equal protection argument»

JUSTICE STEVENS also observes that several amici curiae address the equal protection argument.

And the New Jersey court's equal protection argument begins, Volokh notes, by citing similar non-marriage-related gay rights laws.

With respect to the equal protection argument, the Court noted, â $ œ [P] it bull attacks, unlike attacks by other dogs, occur more often, are more severe, and are more likely to result in fatalities.

Not exact matches

The Fourteenth Amendment accepts that argument and endows it with constitutional protection giving new meaning to the phrase that «all men are created equal.»

Cuomo said there are a number of strong arguments the legislation is unconstitutional, pointing to states» rights to tax, citizens» rights not to be double taxed, and the Equal Protection Clause.

The governor said there's a «strong argument» that it violates the Equal Protection Clause because 12 Democratic - led states are harmed while other states gain by the tax changes.

Scalia, as mentioned above, sometimes seemed to accept this argument and agreed that the original understanding of the equal protection clause could not justify the outcome in Brown.

And now, in going back and doing it again, they are still using the public trust argument but also, explicitly, the idea of equal protection of the law and due process, that young people are being deprived of life, liberty, and property.

There's an argument to be made that this is an Equal Protection violation, but the government would be able to defeat it just by establishing that there was a rational basis for the difference.

Her arguments were based in part on the Canadian Charter of Rights and Freedoms that guarantees the right of individuals to equal protection and equal benefit of the law without discrimination.

1; Redish, Preferential Law School Admissions and the Equal Protection Clause: An Analysis of the Competing Arguments, 22 UCLA L.Rev.

Robertson's ruling came hours after a military judge rejected Hamdan's arguments that the military tribunals violate the Constitution's equal - protection clause because detainees are not afforded the same rights as civilians or as they would be in a traditional military trial.