Sentences with phrase «fifth vote»

Oregon voters appeared last week to have passed a constitutional amendment that would require a three - fifths vote of both houses of the state legislature to approve tax increases.

Nevertheless, as I detailed in this post, Justice O'Connor served as a key fifth vote in the 5 - 4 decisions that produced the Almendarez - Torres «prior conviction exception» and the Harris «mandatory minimum» exception to the Apprendi - Blakely rule.

She then went on to participate in making sure nothing so terrible would happen, casting the crucial fifth vote in Bush v. Gore without blinking an eye.

She tells them that having an independent member mitigates their investors» control, delivers an outside perspective, and adds a tie - breaking fifth vote to four - member boards.

Just five years ago, the Supreme Court struck down an abortion ban passed by the state of Nebraska because it did not have a health exception, and Justice Sandra Day O'Connor's was the critical fifth vote that upheld protections for women's health and safety.

The General Assembly passes a bill by a three - fifths vote of the members elected to each house that declares a state of fiscal emergency requiring an in - term decrease in compensation and decreases the compensation amount for every elected public office by the same percentage.

The fact that Justice Stevens would make special mention of Apprendi and Blakely in this recent interview leads me to two questions, one backward looking and one forward looking: (1) if Justice Stevens remains proud of his work in Apprendi andBlakely, just why did he end up providing the key fifth vote to limit the reach of this jurisprudence in last Term's Ice case?

The 2010 - 2011 vote on the status of gay and lesbian persons in the ministries of the church was the fifth vote on ordination standards in the last fifteen years.

It is clear enough, however, that now that Justice Kennedy is no longer needed as the fifth vote to uphold Roe, Justices O'Connor and Souter no longer feel bound to accord even minimalistic abortion regulations the more moderate level of review promised in their Casey opinion.

Any one of the three could have provided the fifth vote at that time to overrule Roe, but they chose instead to band together and reaffirm it.

While it will now be more likely that the justices will divide evenly on difficult cases, Justice Kennedy will remain the swing vote, providing a fifth vote for a majority of progressive justices (Ginsburg, Breyer, Sotomayor and Kagan), and remaining with the conservatives (Thomas, Roberts and Alito) in tie votes, which will leave the lower court's judgment in place and will not operate as binding precedent on lower courts.

The nuclear option exists in the Senate, which allows the majority leader to effectively alter the rules with a majority vote even though the rules state a three fifths vote is required.

Any change would require a three - fifths vote, not a simple majority.

In February, Education Next legal columnist Josh Dunn wrote about «The Future of Friedrichs «after Justice Antonin Scalia, who was expected to provide the fifth vote to strike down agency fees, passed away.

But right - to - work proponents are optimistic that his replacement, Neil Gorsuch, will come down as the fifth vote on the side of employee freedom.

If that bloc holds for Beutner, a fifth vote could come from Richard Vladovic, who has triangulated between opposing district factions without alienating them.

Either Clinton or Sanders would almost certainly appoint a very liberal Supreme Court justice to the empty seat who would then probably provide a fifth vote to approve the EPA regulations.

What should be made of Justice Gorsuch being the fifth vote for the majority?

A four - person panel will vote on which novel should take the prize, with the result of the public poll counting as a fifth vote.

That fifth vote, if it comes, usually comes from the Chief or Kennedy, both of whom are senior to RBG.

Well, according to Slate's Mark Joseph Stern, Tuesday's opinion in Sessions v. Dimaya marked the first time in 25 years on the Court that Justice Ginsburg assigned a majority opinion, when Justice Gorsuch provided the fifth vote with the Ginsburg / Breyer / Sotomayor / Kagan block.

Not to put too fine a point on it, but we were one vote away from fixing some of the mistakes that have been made across a broad swath of law, starting with Roe and its progeny, and there is now little or no hope for that fifth vote.

REALTORS ® in Illinois have petitioned state lawmakers to make it illegal for local governments to turn over condemned property for private development without first getting an OK by a three - fifths vote of the state legislature, among other things.