Sentences with phrase «unconstitutional provisions of»

Planned Parenthood Federation of America filed a lawsuit — Planned Parenthood v. Abbott — with the Center for Reproductive Rights and American Civil Liberties Union to block two harmful and unconstitutional provisions of the anti-women's health law designed to restrict women's health and rights in the state.

Unfortunately, the case also exposes a gap in the Canadian legal system: the continued existence in print and online of unconstitutional provisions of the Criminal Code.

If the unconstitutional provisions of a statute are never actually applied, it is meaningless and the constitutionality of a statutory provision that never comes up is non-justiciable.

Nine (9) other school boards have agreed to join efforts and file a lawsuit to challenge the unconstitutional provisions of HB 7069 and have invited other school boards to join as plaintiffs in the proposed lawsuit.

Not exact matches

Several federal courts have agreed that the provision of the law is unconstitutional, a situation that practically ensures that the high court will step in.

The plaintiff is seeking: A declaration that upon a true and proper interpretation of the provisions of the 1992 Constitution, particularly Articles 88 (5), 218 (a) and (e), 284 and 287 thereof, the 1st defendant can not act as the legal representative for Honourable Kenneth Nana Yaw Ofori Atta, the Minister of Finance of the Republic of Ghana, in a pending investigation bordering on conflict of interest and abuse of office before the 2nd Defendant; A further declaration that the purported response filed by the 1st Defendant on behalf of the said Honorable Kenneth Nana Yaw Ofori Atta in respect of the petition concerning conflict of interest and abuse of office before the 2nd Defendant is unconstitutional, null and void and of no effect whatsoever;

Trump grudgingly signed a bipartisan bill imposing fresh sanctions on Russia, citing «clearly unconstitutional provisions» and criticizing as «significantly flawed» the curbing of his executive authority.

Trump signed legislation imposing sanctions on Russia and limiting his own authority to lift them, but asserted that the measure included «a number of clearly unconstitutional provisions» and left open the possibility that he might choose not to enforce them as lawmakers intended.

In answering that question [of whether the individual mandate is Constitutional] we must, if «fairly possible,» construe the provision to be a tax rather than a mandate - with - penalty, since that would render it constitutional rather than unconstitutional.

The AG is again threatening to sue the federal government if the health care legislation being considered in the U.S. Senate becomes law, warning of unconstitutional provisions that remain in the latest draft.

It is unconstitutional to change provisions of a law once Congress has specifically written those provisions into the law, and it is passed by the president.

In its haste to pass this legislation, the Congress included a number of clearly unconstitutional provisions» — such as restrictions on executive branch ′ s authority that limited its flexibility in foreign policy.

The Democratic leaders» proposed solution is a potentially unconstitutional provision that protects legislators from the prospect (and the political fallout) of voting on tolls.

«This law not only prevents localities from enacting any kind of firearm measure but also subjects a violating locality or local official to a civil fine — a provision that we believe is unconstitutional given that legislators are immune from civil liability for legislative activities,» the lawmakers wrote in a letter sent to House Speaker Richard Corcoran and Senate President Joe Negron.

The Supreme Court on July 30, 2014, declared the use of the card unconstitutional, holding that the Provision permitting the use of the card which was contained in the Constitutional Instrument (CI 72) was inconsistent with the Constitution.

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.

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.

On August 28, 2014, the California Superior Court for the County of Los Angeles made final its historic decision in Vergara v. California, striking down five harmful provisions of the California Education Code as unconstitutional.

While Arizona's tax - credit programs were fully vindicated by both the Arizona and U.S. Supreme courts, 10 the voucher programs were declared unconstitutional by the Arizona Supreme Court in Cain v. Horne under a provision of the state constitution that prohibits appropriations of public funds «in aid of» private and sectarian schools.11 In the wake of Cain v. Horne, the legislature passed Lexie's Law, 12 a corporately funded scholarship - tax - credit program to help fund private school scholarships for children with disabilities.

Meanwhile, school voucher proponents are waging a determined and coordinated attack on the state constitutional provisions themselves, saying that these state restrictions are unconstitutional under various provisions of the federal Constitution.

«Michigan's current RPS provisions regarding where renewable energy could be located were characterized as unconstitutional in a federal circuit court of appeals.»

Justice Mosley did find that the Act's penalty provisions, ss 54 (1)(c) & (1.1) were unconstitutional, saying they «fundamentally altered the nature of the section 13 process and brought it uncomfortably close to the state's ultimate control measure, criminal prosecution.»

The San Francisco - based 9th U.S. Circuit Court of Appeals, relying on Johnson, declared this provision of the Immigration and Nationality Act unconstitutional.

It's important to know that the Florida Supreme Court has ruled that some of the provisions of this statute are unconstitutional because the statute allows the state to interfere with parents» right of privacy (i.e., to raise their children without government intervention).

Solicitor - client privilege: The Federation of Law Societies of Canada petitioned the British Columbia Supreme Court for a declaration that certain provisions of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act are unconstitutional in that they infringe on solicitor - client privilege and undermine the independence of the bar granted under the Charter.

However, WSIAT does not have the jurisdiction to declare a provision of the WSIA to be universally unconstitutional.

In March 2012, five justices of the Ontario Court of Appeal upheld Justice Himel's ruling that the bawdy house provision is unconstitutional because it prohibits sex workers from working in safer indoor locations.

Justice Himel of the Ontario Superior Court, in a decision grounded in evidence from Canada and abroad about the extreme harms faced by sex workers, held that the provisions restricting indoor sex work (or «bawdy houses»), living on the avails of prostitution, and communicating in public for the purpose of prostitution were unconstitutional.

The Ontario Court of Appeal, on an appeal brought by the Crown, found that this provision constituted a «reverse onus» clause and held it to be unconstitutional because it violated the presumption of innocence now entrenched in s. 11 (d) of the Canadian Charter of Rights and Freedoms.

There is nothing unconstitutional about such a law although if you owned something at the time that the law was enacted and had to give up ownership as a result of the law, you might be entitled to compensation under the 5th Amendment eminent domain provisions.

The first arises from the decision of Judge Denny Thomas to convict Travis Vader of second degree murder under s. 230 of the Criminal Code, a statutory provision that has been unconstitutional for 26 years.

Or, alternatively, is that provision of the Northwest Ordinance unconstitutional?

In December 2013, in Canada (Attorney General) v. Bedford, 2013 SCC 72, the Supreme Court of Canada held that the provisions of the Criminal Code that dealt with keeping a bawdy house (section 210), living off the avails of prostitution (section 212 (1)(j)-RRB-, and communicating in public with respect to a proposed act of prostitution (section 213 (1 (c)-RRB- were unconstitutional.

Rather she sought relief having regard to sections 8 and 24 (1) of the Charter, on the basis that s. 31, insofar as it compels the provision of personal information, is an interference with a reasonable expectation of privacy and is therefore unconstitutional.

He contends that the copyright law's statutory damages provision is unconstitutional in that it authorizes damages that are grossly in excess of any actual damages to the copyright holder.

The Court of Appeal found hearing fees do pose an unconstitutional obstacle to the courts for many people, including the middle class, without adequate provision for those who are unable to afford them.

The Court found the main provisions of Canada's prostitution law (found in the Criminal Code) unconstitutional, struck them down and gave the government one year to introduce a law that doesn't offend the Constitution.

The unions responded by bringing a motion to institute proceedings to have certain provisions of the 2010 Act declared unconstitutional.

A judge at the superior court level has for the first time directly responded to a Charter challenge of the Truth in Sentencing Act — Ottawa's attempt to limit credit for time served — deeming provisions within the act to be unconstitutional and of no force or effect.

The Ontario Court of Appeal held that this provision constitutes a «reverse onus» clause and is unconstitutional because it violates one of the core values of our criminal justice system, the presumption of innocence, now entrenched in s. 11 (d) of the Canadian Charter of Rights and Freedoms.

Would you similarly argue that this provision is unconstitutional because it confers a «title of nobility» on those individuals?

While the majority opinion of the court did not specifically use the words rational basis, they applied the standard's definition when they ruled that provision unconstitutional.

The case began when three present and former sex trade workers brought an application in the Superior Court of Justice seeking to strike down as unconstitutional various provisions of the Criminal Code which criminalized activities associated with prostitution.

Congress argues that, if the provision for the one - House veto is held unconstitutional, all of § 244 must fall.

Justice Thomas entered convictions for second degree murder relying on the constructive murder provision of the Criminal Code that was ruled unconstitutional by the Supreme Court of Canada over 25 years ago.

On April 25, 2012, the Federal Government announced that they will appeal the March 26, 2012, Ontario Court of Appeal decision striking down Canada's prostitution laws, specifically, Criminal Code provisions prohibiting «keeping or using a common bawdy house» (section 210) and the «living off the avails of prostitution» provision (section 212 (1)(j)-RRB- as unconstitutional to the Supreme Court of Canada.

The legislation builds on a bill introduced in March and looks to amend or repeal a number of provisions in the Criminal Code the government has determined are out of date or likely unconstitutional.

Wilson - Raybould said the proposed changes would also codify existing Supreme Court of Canada decisions that have determined existing provisions in the Criminal Code are unconstitutional.

State Immunity from Federal Disability Discrimination Laws: Provisions of the ADA and Rehabilitation Act Declared Unconstitutional, 8.

In a decision published on May 12, 2017, the German Federal Constitutional Court has decided that part of one of the core provisions of the German corporate income tax act is unconstitutional.