Sentences with phrase «federal constitutional protections»

Among other things, state courts can not extend federal constitutional protections beyond the limits the Supreme Court itself sets; this leaves individuals with fewer places to turn to protect their rights.

Incorporation of federal constitutional protections, as defined by the Supreme Court, has displaced state constitutional law as the principal source of individual rights.

This ended the basis for legal discrimination in that country by extending federal constitutional protections to the Church.

Not exact matches

Such Constitutional protections have ensured that federal programs such as Medicare, the Veteran Administration's TRICARE system (which provides benefits for active duty members of the military and their families), and the Emergency Medical Treatment and Active Labor Act (EMTALA) apply the same rules to everyone they cover.

Since his last re-election, Clarke has openly supported Republican causes on local and national right - wing media outlets; proudly trumpets on official Milwaukee County letterhead his 2013 award from the Constitutional Sheriffs and Peace Officers Association, whose leader suggested using women and children as human shields during Nevada rancher Cliven Bundy's standoff with federal agents; accused Milwaukee County Executive Chris Abele of having «penis envy» and being on heroin when crafting the county budget and needing to be drug tested; blasted Milwaukee County District Attorney John Chisholm and Chief Judge Jeffrey Kremers for being «soft on crime»; provided minimal protection for President Obama during his 2012 visit; employs former Scott Walker spokeswoman Fran McLaughlin, who was given criminal immunity over her role in Walker's mixing of campaign and county business; and created pro-gun public service announcements.

Instead of being inspired by his father and using federal constitutional powers to promote environmental protection, Justin Trudeau has adopted the sunny ways approach — decentralized federalism.

In a historic turn of events, a federal appeals panel in San Francisco ruled Tuesday that California's ban on same - sex marriage violates the constitutional right to equal protection.

The court sided with the government's argument that federal law trumps state constitutional protections of retirement funds when it comes to forfeiture.

In the corridors of power even previously sceptical Tories are also muttering that a proper federal, constitutional settlement for the UK could yet be done — incorporating an EVEL (English votes for English laws) solution alongside some hardwired protections for Scotland.

In a lawsuit filed in federal court earlier this month, a group of teachers who do not instruct math or English - but nonetheless are being evaluated on those scores - have challenged the system on constitutional grounds of due process and equal protection.

This week, The Wall Street Journal published an op - ed by Theodore J. Boutrous, Jr. and Joshua S. Lipshutz, two lead members of the legal team behind Vergara v. California and the new federal education equality lawsuit, Martinez v. Malloy, in which the attorneys make the case for a constitutional right to education and federal legal protections for disadvantaged students.

It's been ten years since the Children's Internet Protection Act — the law that requires public libraries and K - 12 schools to employ internet filtering software in exchange for certain federal funding — was upheld by the U.S. Supreme Court as constitutional.

CFPB's structure is constitutional, appeals court rules — The D.C. Circuit Court of Appeals ruled that Congress can insulate the federal consumer protection bureau from political pressure by shielding the director from being fired.

In 2013, a couple of months after these decisions were issued, the German Federal Constitutional Court took the opportunity in a fundamental rights case to mention the Fransson judgment to openly warn legal operators (the CJEU included) that the CJEU's doctrine «must not be read in a way that would view it as an apparent ultra vires act or as if it endangered the protection and enforcement of the fundamental rights in the Member States» (Judgment of the First Senate of 24 April 2013 — 1 BvR 1215/07 — para. 91).

C.A., April 25, 2012)(34884) May 14, 2014 The Immigration and Refugee Protection Act regime is constitutional; in the present case, the process was fair, the Federal Court judge committed no reviewable errors in finding the ministers» decision to declare Mr. Harkat inadmissible to Canada was reasonable.

We have a national mobility agreement in Canada, under the Constitution we have mandates that people can work in every place in the country, and there are now inter-provincial and federal agreements in place that support that constitutional protection.

Canada (Citizenship and Immigration) v. Harkat, 2014 SCC 37 (34884) The Immigration and Refugee Protection Act regime is constitutional; in the present case, the process was fair, the Federal Court judge committed no reviewable errors in finding the ministers» decision to declare Mr. Harkat inadmissible to Canada was reasonable.

Here is the federal government's position: «[T] he defendant's advocacy of jury nullification, directed as it is to jurors, would be both criminal and without Constitutional protections no matter where it occurred» [emphasis added].

We do not interpret Constitutional case law as supporting the view that a federal agency's review of information pursuant to statutory mandate violates the Fifth Amendment protections against forced self incrimination.

Presently, citizenship status has many legal consequences, including the constitutional protection of the ability to travel freely in and out of Canada, access to the Canadian passport, the right to vote in provincial and federal elections and protection against deportation.

Despite numerous setbacks in the courts during 2013 — mandatory minimum sentences overturned, «Insite» harm reduction drug treatment facilities getting constitutional protection, and the wholesale evisceration of Canada's prostitution laws — the Federal Tories have not wavered a single inch in continuing to pursue a flawed yet populist approach to crime management.

Many of these states even include greater state constitutional protections for a woman's right to choose than the federal Constitution.