Sentences with phrase «unconstitutional laws on»
«Q: What do you call a state with unconstitutional laws on its books?
http://legalblogwatch.typepad.com/ Not exact matches
«The Department of Justice and the Trump administration are going to fight these unjust, unfair and unconstitutional policies that have been imposed on you,» Sessions plans to tell a group of law enforcement officers, according to prepared remarks seen by Reuters.
The law faced several legal challenges, primarily based on the argument that an individual mandate requiring Americans to buy health insurance was unconstitutional.
LITTLE ROCK, Ark. (AP)-- Arkansas» highest court on Wednesday said the state can enforce a voter ID law in the May 22 primary election despite a judge declaring the measure unconstitutional.
I'm reading NFIB v. Sebelius (the Obamacare decision) in preparation for teaching the case to my constitutional law students and came across the following most interesting passage in in Justice Ginsburg's opinion: «A mandate to purchase a particular product would be unconstitutional if, for example, the edict impermissibly abridged the freedom of speech, interfered with the free exercise of religion, or infringed on a liberty interest protected by the Due Process Clause.»
Mitt Romney, who had both passed an individual mandate as governor and supported Wyden - Bennett, now calls Obama's law an «unconstitutional power grab from the states,» and has promised, if elected, to begin repealing the law «on Day One.»
Aaron Bitzer, 35, was so angered by the California ban, which will take effect on Jan. 1, that he went public and became a plaintiff in a lawsuit challenging the law as unconstitutional.
And, indeed, this was done in the decision of the U.S. Court of Appeals for the Ninth Circuit that declared the Washington State law prohibiting physician - assisted suicide to be unconstitutional on the grounds that it violated the guarantee of personal liberty in the Fourteenth Amendment to the Constitution.
The Civil Rights Act of 1964 is not part of the constitution... So the law, if enacted, may be in violation of the CRA, but unless that act is adopted as an amendment to the constitution then it would not be unconstitutional based on that law.
* A declaration that the detention of the applicant by EFCC on January 5, 2016 at an unknown location, without access to his lawyers, family and doctors, constitutes a flagrant violation of the applicant's fundamental rights guaranteed under sections 33, 34, 35, 38, 40, 41, 42, 43 and 44 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4, 5, 6, 12, & 14 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria, 2004, and is ultra vires, null and void and unconstitutional.
* A declaration that the arrest of the applicant by EFCC on January 5, 2016 at his home at No. 14, Drive 1, Prince and Princess Estate, Abuja, constitutes a flagrant violation of the applicant's fundamental rights guaranteed under sections 33, 34, 35, 38, 40, 41, 42, 43 and 44 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4, 5, 6, 12, & 14 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria, 2004, and is ultra vires, null and void and unconstitutional.
It would be unconstitutional for States to make legislation outside the Federal Law on the Federation Account, as such state laws can not override National law in this exceptional situatiLaw on the Federation Account, as such state laws can not override National law in this exceptional situatilaw in this exceptional situation.
New York State will take Washington to court to challenge the new Republican tax overhaul, Democratic Gov. Andrew Cuomo said Wednesday, calling the new law an unconstitutional assault on states» rights and New York in particular.
Cuomo on Wednesday said he will challenge the new law in court as unconstitutional on the grounds that the first federal double taxation in U.S. history violates states» rights and equal protection.
Manhattan Assemblyman Brian Kavanagh, who sits on the Assembly's Election Law Committee, said Trump's comments are discouraging in light of the fact that there are federal courts across the country with judges appointed by Republicans and Democrats saying that states» voter laws are unconstitutional because they target people based on their race and ethnicity.
In 1995, the United States Supreme Court ruled that the part of Amendment 73 that placed limits on members of the U.S. Congress from Arkansas was unconstitutional; however, the part of the law that placed limits on the Arkansas State Legislature were left intact.
On March 30th, a federal court ruled that parts of Act 10, Gov. Walker's union - busting law, were unconstitutional under the U.S. constitution.
On May 22, as reported here earlier, a U.S. District Court ruled that California's ballot access law for newly - qualifying parties is probably unconstitutional, and enjoined the state from enforcing the deadline.
Suffolk County Executive Steve Bellone has vetoed a widely - supported bill that banned the use of drones on county parkland, saying the law's privacy stipulations would be unconstitutional.
On July 19, the Green Party of Tennessee, and the Constitution Party of Tennessee, jointly filed a new lawsuit in federal court, alleging that the new ballot access law passed this year is just as unconstitutional as the old one.
In the same manner, the National Assembly whose law can be struck down by the court on the basis that it is unconstitutional can also amend a law later to override the decision of the Supreme Court as they did in the onshore / offshore oil case.
If judges can declare laws unconstitutional at will and impose - or block - policy decisions on the Executive branch with their verdicts, you're no longer living in a democracy but in a oligarchy.
The New York Republican's decision comes on the heels of a Florida judge's ruling this week that the law Pataki and other opponents like to call «Obamacare» is unconstitutional.
The U.S. District Court had put them both on the ballot on February 3, on the basis that the ballot access law for newly - qualifying parties is unconstitutional and that these two plaintiff political parties had shown they have a modicum of support.
«Consistent with court rulings here in Colorado and around the country, the federal court agreed that the part of Colorado election law that requires petition collectors to be state residents is unconstitutional and unduly infringes on the First Amendment rights of voters and petition circulators.»
Opponents of campaign - finance laws hope that the case argued Tuesday — McCutcheon v. Federal Election Commission — will carry on the work the justices did in Citizens United in 2010, when they struck down as unconstitutional a ban on corporations making independent expenditures in elections.
A prominent component of relevant case law is the Supreme Court decision Citizens United v. Federal Election Commission, which ruled unconstitutional certain restrictions on corporate campaign spending during elections.
MANHATTAN — New York Attorney General Eric Schneiderman is taking on the Defense of Marriage Act, arguing that the federal law that stands in the way of gay rights is unconstitutional.
Abimbola further explained that Kayode Oloyede in his suit urged the court to set aside the environmental sanitation days in the state on ground of not being constitutional and lawful as well as praying to the court to adopt the position taken against Lagos State by the Court of Appeal in a suit which struck down the Lagos State environmental day as being unconstitutional same not having been created by any existing law.
On November 26, 2008, independent U.S House candidate Faye Coffield filed suit in U.S. District Court in Georgia, asking that the Georgia ballot access law for independent candidates for U.S. House of Representatives be declared unconstitutional
The parties were put on the ballot by court order in 2008, and they have remained on ever since because the old ballot access law had been declared unconstitutional in 2006 and had not been replaced.
On February 3, the U.S. District Court had held the state's ballot access law for minor parties to be unconstitutional.
It's one thing to disagree with us on the issues — that's part of politics — but restricting ballot access through unconstitutional laws is not the American way.»
OSSIEC had announced its plan to conduct the state councils» polls on Saturday, January 27, 2018 but a human right activist, Barrister Kanmi Ajibola approached the court, urging it to declare as unconstitutional and illegal the electoral law which proposed parliamentary system for the exercise.
«Having concluded that the Commissioner's implementation and usage of Education Law... is not unconstitutional under either Due Process Clause, the Court obviously must conclude that the statute is not unconstitutional on its face,» Acting Supreme Court Justice Roger D. McDonough wrote in his ruling.
Republicans argue the President's executive actions to change Obamacare and make other policy decisions on his own were unconstitutional because it's Congress» jobs to make or change laws.
New York State Supreme Court Judge Bruce Cozzens Jr. of Nassau County ruled that the Metropolitan Transportation Authority Commuter Tax was unconstitutional on the grounds that the law is «a special law, which does not serve substantial state interest».
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.
In a suit filed Wednesday night, the plaintiffs are seeking a declaration that the law is unconstitutional and an injunction prohibiting enforcement of the provisions by the attorney's general's office and the Joint Commission on Public Ethics, which are the defendants in the case.
The resistors» latest gambit is a federal law suit (Goldstein v. Pataki) filed on October 26th in the Eastern District, charging that the use of eminent domain on behalf of Forest City Ratner and Atlantic Yards is unconstitutional.
In June 2016, the US Supreme Court ruled in Whole Woman's Health v. Hellerstedt that two provisions of HB 2 were unconstitutional because there was no evidence of any health benefit derived from the law but substantial evidence of negative effects on women's access to care.
That ruling said that a law that constitutes an undue burden on abortion rights is unconstitutional — but today's decision finally more clearly defines what an undue burden means under the law.
«The bills are not simply unconstitutional but also an attack on the key principles of constitutionalism and the rule of law.»
The Washington Supreme Court ruled on Friday that the state's charter - school law is unconstitutional.
On Top of the News Washington Charter School Law Ruled Unconstitutional by State's High Court Wall Street Journal 9/5/15
Big - government opponents often focus on its expense and power to compel, but Wallison argues it can be undemocratic and unconstitutional: Regulatory agencies are empowered to make crucial policy decisions, craft rules with the weight of law, and implement behemoth programs.
Newark — A federal district judge has declared New Jersey's «moment - of - silence» law an unconstitutional attempt to circumvent the U.S. Supreme Court's ban on state - sanctioned prayer in public schools.
But a federal judge in San Francisco issued a 20 - day restraining order blocking the measure on Nov. 27, saying that the new law could be unconstitutional.
On Friday, July 10, supporters of ASOSB across diverse academic disciplines joined an international press conference to protest the bills which they are calling «not simply unconstitutional but also an attack on the key principles of constitutionalism and the rule of the law.&raquOn Friday, July 10, supporters of ASOSB across diverse academic disciplines joined an international press conference to protest the bills which they are calling «not simply unconstitutional but also an attack on the key principles of constitutionalism and the rule of the law.»n the key principles of constitutionalism and the rule of the law.»
That is why the bills are not simply unconstitutional but also an attack on the key principle of constitutionalism and the rule of law.