The French constitutional court has
held unconstitutional the law passed in January of this year (that's a fast decision by our standards) that made it illegal to dispute any genocide recognized by law.
Not exact matches
That the
law was
held to be
unconstitutional was less shocking than that the Court was unable to articulate a coherent rationale for its conclusion.
Because of Christians, there are still
laws in several states (though they're
unconstitutional) that deny atheists from
holding elected office.
The non-portability of interracial marriage in the US was a problem that was eventually resolved (as was the more complex problem of interstate divorce), but a-marriage-is-a-marriage-is-a-marriage for purposes of foreign immigration
law outside the US (not in the US because of the Defense of Marriage Act, which has recently been
held unconstitutional).
The bill is apparently an attempt to repair the old
law for minor party ballot access, because the old
law was
held unconstitutional in 2006.
As reported previously, in September 2010 the old
law was
held unconstitutional.
That's why this
law is
unconstitutional and why all the weddings
held the last few days will have to be annulled.
Many of these
laws should have long ago been
held unconstitutional, but the federal judges in the First Circuit seem markedly biased against minor parties.
On February 3, the U.S. District Court had
held the state's ballot access
law for minor parties to be
unconstitutional.
Oral arguments were
held before Judge Eugene Devine this morning, with the attorney for the nine Senate Republicans involved involved in the suit arguing that a
law requiring prisoners to be counted at their last - known address rather than where they are incarcerated is
unconstitutional.
They were on the ballot in 2010, and 2008, because the old ballot access
law had been
held unconstitutional in 2006, and the legislature had not passed a new
law.
We agree with the findings of Judge William Overton that the Arkansas creationism
law represents an
unconstitutional intrusion of religion doctrine into the public schools, that «creation science» is not science, and that its advocates have followed the unscientific procedure of starting from a dogmatically
held conclusion and looking only for evidence to support that conclusion.
The majority
held that under this century - old definition, the charter school
law did not subject those schools to enough «local control,» and therefore is
unconstitutional.
Madison — A Dane County judge declined Monday to put on
hold his ruling that found
unconstitutional a Wisconsin
law barring unions and businesses from reaching labor deals requiring workers to pay union fees.
Even a very incomplete list gives an impression of the large number of significant opinions he has written: seminal administrative
law cases such as Chevron v. NRDC and Massachusetts v. EPA, the intellectual property case Sony Corp v. Universal City Studios (which made clear that making individual videotapes of television programs did not constitute copyright infringement), important war on terror precedents such as Rasul v. Bush and Hamdan v. Rumsfeld, important criminal
law cases such as Padilla v. Kentucky (
holding that defense counsel must inform the defendant if a guilty plea carries a risk of deportation) and Atkins v. Virginia (which reversed precedent to
hold it was
unconstitutional to impose capital punishment on the mentally retarded), and of course Apprendi v. New Jersey (which revolutionized criminal sentencing by
holding that the Sixth Amendment right to jury trial prohibited judges from enhancing criminal sentences beyond statutory maximums based on facts other than those decided by a jury beyond a reasonable doubt).
According to the article, six federal courts have previously found the
law unconstitutional and in violation of the Supreme Court's
holding six years ago in Stenberg v. Carhart.
The New York Times reports that based on the Lawrence case, which
held that state sodomy
laws were
unconstitutional intrusions on adults» «intimate conduct,» Turley and the Browns will seek protection for the «intimate conduct» of polygamists.
As discussed at Sentencing
Law Blog, Stallings was sentenced to 188 months of imprisonment just prior to the Booker decision
holding mandatory sentencing guidelines
unconstitutional, and a few months after the 7th Circuit's ruling reaching the same conclusion.
Sometimes government officials enforce
laws that have been
held unconstitutional, either because they aren't aware of the relevant court decisions, or because they think that their facts are distinguishable from those under which the
law was
held unconstitutional (which sometimes happens on an «as applied» basis rather than on a «facial» basis that applies to all cases), or because they think the judge before them might rule differently despite the precedent.
In response to each tale of «crisis» Illinois adopted new
laws restricting patients» rights and each time the Illinois Supreme Court
held those
laws unconstitutional.
It is therefore apparent that the FSC
holds the view that such restrictions, whether imposed by local or Federal
law, will be
held to be
unconstitutional.
In a widely expected ruling, the Illinois Supreme Court has upheld a Cook County state court ruling
holding that a state
law, Public Act 98 - 641, reducing annuity benefits for employees and retirees of the City of Chicago, in exchange for increased contributions to certain pension funds, was
unconstitutional.
The Supreme Court ruled against part of Canada's anti-prostitution
laws in the Bedford ruling at the close of 2013, and
held that a section of the Abolition of Early Parole Act was
unconstitutional.
The Ferguson case totally repudiated the old reasonableness - due process test, the doctrine that judges have the power to
hold laws unconstitutional upon the belief of judges that they «shock the conscience,» or that they are
A New Hampshire
law setting a $ 250,000 limit on noneconomic damages in medical liability cases was
held unconstitutional in Carson v. Maurer, 424 A. 2d 825 (N.H. 1980).
«An offence created by [an
unconstitutional law],» the Court has
held, «is not a crime.»