My thought since the beginning has been that decisions either way — to accredit or not to accredit — would probably
survive challenge in the courts.
Not exact matches
It is found
in most collective agreements across the country, and it
survived a bitter 1991 Charter of Rights and Freedoms
challenge at the Supreme
Court of Canada.
One official, who spoke on the condition of anonymity to discuss internal deliberations, said that Mr. Trump was sympathetic to the plight of the young immigrants, known as Dreamers — many have known life only
in the United States and have few connections to the countries of their birth — but had been told by Justice Department lawyers that his predecessor's program would not
survive a
court challenge.
In order for the law to
survive the first
challenge, the
Court must be satisfied that the law is «rationally related to a legitimate government interest.»
Nancy Northup, president of the Center for Reproductive Rights
in New York, says
in the New York Times, «It has no chance of
surviving a
court challenge.»
Democrats who back the Affordable Care Act — known as Obamacare pejoratively — point to the multiple tests the law has withstood: It was approved legislatively
in 2010 when Democrats controlled both chambers, withstood a Supreme
Court challenge (which,
in simplistic terms, Chief Justice John Roberts determined the individual mandate is a «tax») and then it
survived the ultimate referendum, President Obama's re-election.
Even as the Buffalo Teachers Federation and its statewide parent union
challenge the governor's school receivership law
in court, Cuomo said he believes the statute will
survive the
court challenge.
Such freezes have
survived repeated federal and state
court challenges by unions — including, most recently, a lawsuit filed by Nassau County unions
in the wake of a three - year wage freeze that ended
in 2014.
Dan Reicher, who served as assistant secretary of Energy for Energy Efficiency and Renewable Energy at the Department of Energy during the Clinton administration, said that the more consistently the Obama administration can write its Clean Power Plan, the more likely it will
survive challenges in the Supreme
Court.
32 The New Hampshire Supreme
Court likewise rejected the standing of petitioners
challenging the state's scholarship tax credit law, ruling that they could not demonstrate any harm.33 The following year, citing the decisions
in Arizona and New Hampshire, the Alabama Supreme
Court also held that a «tax credit to a parent or a corporation... can not be construed as an «appropriation»» but rather such funds retain their status as private funds until they enter the public treasury.34 That view seems to be the prevailing one
in courts, so with the possible exception of Michigan, where the state constitution explicitly prohibits tax benefits for religious education, tax credits should
survive scrutiny under such provisions.
In 2006, the Mackinac Center for Public Policy published the results of a survey of organizations working on school choice that I conducted; it found that 67 % of respondents think vouchers are more likely to be challenged in court, compared to just three percent who chose tax credits - and, by a margin of 53 points, respondents also thought that tax credits were more likely to survive a court challeng
In 2006, the Mackinac Center for Public Policy published the results of a survey of organizations working on school choice that I conducted; it found that 67 % of respondents think vouchers are more likely to be
challenged in court, compared to just three percent who chose tax credits - and, by a margin of 53 points, respondents also thought that tax credits were more likely to survive a court challeng
in court, compared to just three percent who chose tax credits - and, by a margin of 53 points, respondents also thought that tax credits were more likely to
survive a
court challenge.
After the voucher program
survived a state Supreme
Court challenge in 2013, it's grown into one of the largest
in the country.
While the NEB's decision to ignore climate change
survived a
court challenge, the reputational damage to the NEB resulted
in widespread mistrust of the regulator and its recommendations.
Last month, a Georgia appellate
court issued a written opinion
in a premises liability case that required the
court to determine if the plaintiff's allegations of what caused her fall were sufficient to
survive a summary judgment
challenge by the defense.
In order to make sure marital agreements are enforceable and likely to
survive a
court challenge, it's best to get legal help.