Sentences with phrase «equal protection case»

It accidentally devolved into a sexual orientation equal protection case when an attorney for Abbott used a peremptory challenge to strike a gay man from the jury pool.

The seriousness of the problem is revealed by the fact that, although Trinity Lutheran has come before the Supreme Court as a free exercise and equal protection case, the Blaine Amendments most centrally collide with the Establishment Clause.

Not exact matches

We are left to ponder whether, in a future case, Kennedy will be swayed more by his Equal Protection proclivities than his federalist convictions.

Preparations are already underway to make the case before the Supreme Court that state Blaine Amendments violate the equal protection clause and the free exercise clause of the Bill of Rights.

In that case, the SC found that prohibiting blacks and whites marrying violated the due process and equal protection clauses of the 14th amendment.

And indeed, in some cases, the Supreme Court has ruled that party primaries violated the Equal Protection clause.

The Loving Story (Unrated) Civil rights documentary recounting the events leading up to the U.S. Supreme Court's landmark decision in Loving vs. Virginia, the historic 1967 case declaring interracial marriage legal under the 14th Amendment's Equal Protection Clause.

Most of the cases relying on these rights have been about school funding, with the claim that unequal funding violates provisions in state constitutions that guarantee a right to an adequate education or provisions that promise equal protection.

This decision references several previous California cases related to money, including the Serrano decision, which found that «the then - existing school finance system to be a violation of the equal protection clause of the California Constitution.»

The plaintiffs in the case, minority students in California, had argued that California's teacher tenure system violates the equal protection clause because it protects teachers who are ineffective, and poor and minority students are more likely to be assigned these ineffective teachers.

The case, brought forward two years ago by Silicon Valley entrepreneur and education activist Dave Welsh, challenged the court to weigh teacher job protections against a student's constitutional right to equal access to a quality education.

In the new case, Martinez v. Malloy, the plaintiff attorneys argue that the state laws violate equal protection and due process clauses of the U.S. Constitution.

He noted that districts had some local control until the 1970s, when a series of court cases found California's method of school funding violated the equal protection clause of the U.S. Constitution.

The Brown v. Board of Education case helped create the civil rights movement of the 1960s by determining that in this country «separate educational facilities are inherently unequal» and a violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution.

Forty - three years have passed since the U.S. Supreme Court narrowly ruled in the landmark San Antonio v. Rodriguez school - funding case that education was not a constitutional right and that the disparate spending on education for students from low - income neighborhoods was not a violation of the equal protection clause of the U.S. Constitution.

The request comes after a California Superior Court struck down various teacher tenure and seniority statutes under that state's constitution and the U.S. Constitution's Equal Protection Clause in the Vergara v. California case.

Whenever an action has been commenced in any court of the United States seeking relief from the denial of equal protection of the laws under the fourteenth amendment to the Constitution on account of race, color, religion, or national origin, the Attorney General for or in the name of the United States may intervene in such action upon timely application if the Attorney General certifies that the case is of general public importance.

Our new case in the U.S. District Court in Oregon (Juliana et al v. United States) puts comparable emphasis on the «Atmospheric Trust» concept developed by Mary Wood and «Equal Rights» concept in the «Equal Protection of the Laws» and «Due Process» clauses of the U.S. Constitution.

Prior to joining HKM, she worked at a small Seattle law firm, providing representation to federal employees in discrimination cases before the Equal Employment Opportunity Commission and U.S. District Court, and disciplinary actions before the Merit Systems Protection Board (MSPB).

In the North Carolina case, the court dismissed two counts in LegalZoom's 2001 lawsuit against the bar, in which LegalZoom alleged that the bar's efforts to shut it down violated the anti-monopoly and equal protection clauses of the state constitution.

On appeal, the Ninth Circuit asked both sides to brief the issue of whether the Supreme Court's decision in the DOMA case, United States v. Windsor, compelled a decision that equal protection prohibited discrimination based on sexual orientation during jury selection.

Windsor, of course, did not expressly announce the level of scrutiny it applied to the equal protection claim at issue in that case, but an express declaration is not necessary.

In many ways, this case is about equal access to human rights protections for homeless people in BC.

The case presents an equal protection challenge to U.S. immigration law that imposes different residency requirements on unwed citizen mothers than unwed citizen fathers when conferring citizenship on children born abroad out of wedlock.

I think this case presents only a single federal question: did the order of the Maryland Court of Appeals granting a new trial, limited to the issue of punishment, violate petitioner's Fourteenth Amendment right to equal protection?

Accordingly, this Court should ensure the victims in this case receive the equal protection of the law.

Because the government has a legitimate interest in conserving prosecutorial and judicial resources in districts with large numbers of immigration cases, and fast - track programs are rationally related to that interest, we conclude that the PROTECT Act's authorization of these programs, and their implementation in some but not all districts, does not violate Appellants» equal protection and due process rights.

And here, since it appears from the statement in the order of the Court of Appeal that the question whether the Syndicalism Act and its application in this case was repugnant to the due process and equal protection clauses of the Fourteenth Amendment was considered and passed upon by that court — this being a federal question constituting an appropriate ground for a review of the judgment — we conclude that this Court has acquired jurisdiction under the writ of error.

Mr. Seeman also represents clients in cases involving inverse condemnation, easements, restrictive covenants, quiet title actions, First Amendment and equal protection issues, landlord / tenant disputes, and real property tax appeals.

JUSTICE STEVENS does not explain how his views square with Croson, or with the long line of cases understanding equal protection as a personal right.

The question presented in this case was whether Section 3 of the Defense of Marriage Act, which prohibits the federal recognition of same - sex marriages that are recognized under state law, violated the Equal Protection Clause.

There, the Florida Supreme Court struck down the cap on noneconomic damages in a wrongful death medical malpractice case because it violated equal protection under the Florida constitution.

He has represented federal and private sector employees in investigations and cases in front of the Merit Systems Protection Board, the Equal Employment Opportunity Commission, and the Office of Special Counsel.

This question, required by Turner in certain capital cases, demonstrates the inapplicability of traditional equal protection analysis to a jury voir dire seeking an impartial jury.

For reasons that follow, we reject this evidentiary formulation as inconsistent with standards that have been developed since Swain for assessing a prima facie case under the Equal Protection Clause.

Chemerinsky argued that taking another important civil rights case soon after Brown would have affirmed the decision's force that the Equal Protection clause was not about formal equality, but about anti-subordination.

United States v. Newman, 549 F. 2d 240 (CA2 1977), the Equal Protection Clause forbids the prosecutor to challenge potential jurors solely on account of their race or on the assumption that black jurors as a group will be unable impartially to consider the State's case against a black defendant.

This Court should conclude that the prosecutorial peremptory challenges exercised in this case were proper under the fourteenth amendment equal protection clause and the sixth amendment.

Unlike the other cases, Gill v. Whitford and Benisek v. Lamone, which involved partisan gerrymandering, this case involves allegations of racially discriminatory redistricting in violation of the Voting Rights Act and / or the Equal Protection Clause.

the Equal Protection Clause forbids the prosecutor to challenge potential jurors solely... on the assumption that black jurors as a group will be unable impartially to consider the State's case against a black defendant.

In the case of missing and murdered Aboriginal women, entitlement to equal protection of the law without discrimination is relevant.

While the cases have not yet examined whether the Macdonald Estate principles apply with equal vigour to litigation privileged information as to solicitor - client privileged information, one would think that the same result would apply despite the greater protection applied to solicitor - client information as the integrity of the administration of justice requires that the opposing party not have access to either type of privileged information.

This plan offers Tata AIA Life Insurance Accidental Death and Dismemberment (Long Scale)(ADDL) Rider which provides protection of your family by giving an amount equal to the rider sum assured in case of an accidental death.

A term insurance plan is a pure protection cover that pays your family a lump sum amount equal to the sum assured, in case of your unfortunate death during the policy term.

You may opt for the following rider: Income Benefit on Accidental Disability Rider: Additional protection in case of accidental disability which is monthly income security, i.e regular monthly income equal to 1 % of Sum Assured for a fixed period of 10 years.

In July 2016, China started developing a law that would reportedly give bitcoin the status of a «civil rights object» equalling it to personal belongings, property, bank deposits and other objects of private property, and therefore, will provide owners of bitcoin legal protection in case of theft.

Prior to the enactment of the Fair Housing Act Amendments of 1988 adding handicapped to the protected classes, the Supreme Court addressed the applicable standard of review for alleged Equal Protection clause violations against mentally retarded people in the case City of Cleburne v. Cleburne Living Center.

After their case was consolidated with those of 28 other marriage equality plaintiffs from four states, the Court ruled 5 - 4 on June 26, 2015, that the fundamental right to marry is guaranteed to same - sex couples under the due process and equal protection clauses in the Constitution.