Sentences with phrase «violates equal protection»

The group is arguing that the ban violates the Equal Protection Clause of the U.S. Constitution.
The New Jersey Bar sued, arguing that a $ 75 fee on lawyers singles them out from other nonmedical legal professionals and violates equal protection.
Judge Nellermoe also found that «Texas» denial of recognition of the parties» out - of - state same - sex marriage violates equal protection and due process rights when Texas does afford full faith and credit to opposite - sex marriages celebrated in other states.»
The industry also claims the regulation violates equal protection clause, saying it treats manufacturers of heavier products different from those creating smaller - but equally toxic - products.
A declaration that the State's funding scheme, which results in charter students receiving 60 to 75 cents on every dollar received by district students, violates the Equal Protection Clause of the New York State Constitution;
In essence, Judge Treu ruled that a quality education is guaranteed for all students in the state — which relies on effective teachers — and that anything less undermines the quality and violates the equal protection clause in the state constitution.
A declaration that the State's funding scheme, which results in charter students receiving 60 to 75 cents on every dollar received by district students, violates the Equal Protection Clause of the New York State Constitution; A declaration that the State's funding scheme, which denies facilities funding to charter schools, violates the New York State Constitution; A declaration that the State's funding scheme, because of its overwhelming and targeted impact on minority students, unconstitutionally discriminates on the basis of race.
The lawsuit contends that the state's new evaluation system violates the equal protection and due process clauses of the 14th Amendment of the U.S. Constitution.
The plaintiffs in the case, minority students in California, had argued that California's teacher tenure system violates the equal protection clause because it protects teachers who are ineffective, and poor and minority students are more likely to be assigned these ineffective teachers.
The default position is that whenever a government policy divides us by race and then divvies up benefits, it violates the equal protection clause.
Should the Supreme Court rule that disparate impact analysis violates the Equal Protection clause, OCR's attempts to micromanage school discipline and finance should come to a quick close.
The governor said there's a «strong argument» that it violates the Equal Protection Clause because 12 Democratic - led states are harmed while other states gain by the tax changes.
In its complaint, the state of Hawaii also said the executive order discriminates against Muslims and violates the equal protection and due process guarantees of the U.S. Constitution.
Meanwhile, in New York, the Second Circuit Court of Appeals ruled in Quill v. Vacco that while there is no «historic» right to die, the state of New York violates the equal protection clause of the Fourteenth Amendment with its prohibition of assisting suicide.
The provision therefore violates the equal protection component of the Fifth Amendment right to due process, because it authorizes the Defense Department to afford preferential treatment on the basis of race and does not meet a «strict scrutiny» standard, the appeals court decided.
The suits by the American Civil Liberties Union and the Human Rights Campaign, filed in federal courts in Baltimore and Seattle, claim Trump's plan violates the Equal Protection clause of the Constitution.
Were these provisions to become law, they could result in some states, legislatively, providing one level of care or protection to some of their citizens and a different level to others — which, could violate the equal protection and fairness requirements of the Fifth and Fourteenth Amendments to the Constitution.
It is only a matter of time before non-doctors, non-terminally ill patients, and guardians of incompetent individuals will be arguing that state restrictions violate their equal protection rights.
Leon said the federal regulations for coverage of contraception violated the equal protection clause of the Constitution, the Religious Freedom Restoration Act, and the Administrative Procedure Act.
Preparations are already underway to make the case before the Supreme Court that state Blaine Amendments violate the equal protection clause and the free exercise clause of the Bill of Rights.
If one took the majority's assertions seriously, as Scalia's dissent noted, state constitutional provisions prohibiting polygamy would violate the equal protection principle.
The Supreme Court, in an indecipherable opinion (Romer v. Evans), held that this denial of special status to homosexuals violated the equal protection clause of the Fourteenth Amendment.
You have to have an objective standard that is applied to everyone, otherwise you violate the Equal Protection Clause of the Constitution.
Considering how many people this excludes, doesn't this violate the Equal Protection Clause?
And indeed, in some cases, the Supreme Court has ruled that party primaries violated the Equal Protection clause.
NYSRPA believes that both the City and State of New York violate the Equal Protection Clause of the 14th Amendment by requiring the payment of fees as a prerequisite for the lawful exercise of the specifically enumerated individual civil right to keep and bear arms as guaranteed by the 2nd Amendment.
In Brown, the court overturned, for public schools, its approval of this doctrine in Plessy v. Ferguson (1896) and established that segregated schools violated the equal protection clause of the Fourteenth Amendment.
Judge William M. Marutani of Pennsylvania's Common Pleas Court had ruled in August that single - sex public schools violate the Equal Protection Clause of the U.S. Constitution and the Pennsylvania Equal Rights Amendment.
Parents Involved commenced this suit in the Western District of Washington, alleging that Seattle's use of race in assignments violated the Equal Protection Clause of the Fourteenth Amendment, 4 Title VI of the Civil Rights Act of 1964,5 and the Washington Civil Rights Act.6 Id., at 28a - 35a.
The lawsuit contends that teachers» evaluations based on the test scores of students they do not teach or based on subjects they do no teach violate the equal protection and due process clauses of the 14th Amendment of the U.S. Constitution.
Plaintiffs failed to establish that the challenged statutes violate equal protection, primarily because they did not show that the statutes inevitably cause a certain group of students to receive an education inferior to the education received by other students.
In April 2013, FEA and NEA, along with seven accomplished teachers and the local education associations in Alachua, Escambia and Hernando counties, filed a lawsuit, Cook v. Stewart, contending that this provision violated the equal protection and due process clauses of the 14th Amendment of the U.S. Constitution.
Because education is a «fundamental interest» under the state Constitution, the five statutes that «dictate this unequal, arbitrary result violate the equal protection provisions of the California Constitution» and should be overturned.
In the new case, Martinez v. Malloy, the plaintiff attorneys argue that the state laws violate equal protection and due process clauses of the U.S. Constitution.
The court ruled that education was not a fundamental right and that the wealth - based inequalities in Texas's school finance formula did not violate the equal protection clause.
He noted that districts had some local control until the 1970s, when a series of court cases found California's method of school funding violated the equal protection clause of the U.S. Constitution.
Together, the seven public school teacher plaintiffs in Cook v. Chartrand argued that Florida's law violated their equal protection and due process rights.
Plaintiffs allege that these statutes, which impinge students» fundamental right to education and have a disproportionate impact on low - income and minority students, violate their equal protection rights under the California Constitution.
In 2005, the Supreme Court of Wisconsin struck down the statute ruling that the $ 350,000 limit on noneconomic damages violated the equal protection clause of the Wisconsin Constitution.
In light of our ruling under the statutes, we need not reach the question whether respondents» actions may have violated the Equal Protection Clause.
The lower court found that the prolonged detention policy did not violate Equal Protection because the executive had broad discretion to single out certain groups for longer detention than others.
Judge Richard A. Kramer wrote in a tentative decision that Family Code Sections 300 and 308.5, «violate the equal protection and privacy provisions of the California Constitution -LCB- Cal Const.
A $ 350,000 cap was enacted in 1995, which with inflation adjustments rose to $ 445,775 before it was struck down by the state Supreme Court in 2005 as being arbitrary and violating the equal protection provision of the state constitution.
The Court declared the cap, which was signed into law in 2003, to be unconstitutional, saying it violated the equal protection clause of the Florida Constitution.
The question presented in this case was whether Section 3 of the Defense of Marriage Act, which prohibits the federal recognition of same - sex marriages that are recognized under state law, violated the Equal Protection Clause.
There, the Florida Supreme Court struck down the cap on noneconomic damages in a wrongful death medical malpractice case because it violated equal protection under the Florida constitution.
The court, after surveying the extensive evidentiary record from the trial court indicating that homosexual parents are in no way inferior to heterosexual ones, concluded that there was no rational basis for the statute and that it therefore violated the equal protection provision of the Florida Constitution.
[*] This should have warned prosecutors that using peremptories to exclude blacks on the assumption that no black juror could fairly judge a black defendant would violate the Equal Protection Clause.
Representation of a beer wholesaler and transportation company with common ownership in litigation to enjoin various actions by the state tobacco and alcohol commission on the ground that the commission's actions were preempted by federal law and violated the Equal Protection Clause.
The district court also found that the State and the DSS violated the Equal Protection clause through their enactment and enforcement of those statutes, enjoined them from further enforcement of those statutes, and granted Larkin summary judgment.
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