Sentences with phrase «with unconstitutional laws»

«Q: What do you call a state with unconstitutional laws on its books?

Not exact matches

The Obama administration Justice Department, for instance, has opened 23 investigations of law enforcement agencies, including police departments in Baltimore, Chicago and Ferguson, Missouri, for unconstitutional practices and has reached court - enforceable consent decrees with many of them.

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.»

These days, Obama's too busy with unconstitutional violations of his cherished Obamacare law and dodging responsibility for the IRS political persecutions that just happened to begin the week after he met with an IRS chief to be bothered with the p's and q's of violating some 1982 law that Harry Reid wants ignored.

Conservatives can not push enough Democrats and wobbly moderates toward greater comfort with originalist - like its - the - only - Constitution - we've - got thinking, can not get them to sacrifice the judicial avenue to what they see as policy goodies, or get them to really censure the kinds of unconstitutional short - cuts Obama is modeling, if they think that folks like you and I believe that Real originalism would ban hours - laws, collective bargaining, etc..

With federal judges in two highly conservative states striking down «defense of marriage» laws as unconstitutional this January, more church - state experts are advising same - sex marriage opponents that the marriage battleground should shift to religious freedom.

At the same time, the precedent of having a unconstitutional law that allows a private foreign company the power to operate with little oversight in a European country is not a precedent to be desired.

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.

There's plenty of historical baggage surrounding Jim Crow Laws and poll taxes (which were made unconstitutional with the 24th Amendment).

I insist that it is unconstitutional for this Government to use any covert agent for operations against citizens to hide its Gargantuan political corruption like Nerquaye - Tetteh's golden handshake of GH 400,000 when it knows that the Constitution and the laws of Ghana proscribes it from using the executive powers of policing, intelligence and security entrusted to it by the Constitution except in compliance with the existing law.

If he believes the law is unconstitutional, he could either decline to sign it, or sign it, but at the same time ask the German constitutional court to verify its compliance with German Basic Llaw is unconstitutional, he could either decline to sign it, or sign it, but at the same time ask the German constitutional court to verify its compliance with German Basic LawLaw.

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 suit asks for the Combative Sport Law to be ruled unconstitutional because it is «so badly written that neither ordinary persons nor state officials are able to say with any certainty what it permits and what it prohibits.»

A new poll finds New Yorkers have mixed feelings about President Obama's health care reform act, with a plurality saying they'd like to see the Supreme Court declare parts of the law unconstitutional.

«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.»

The 6 - 3 opinion found unconstitutional a 1992 federal law that prohibited states from authorizing sports gambling, concluding the federal government had not chosen to regulate it and improperly interfered with the states» right to regulate it themselves.

The fact that parts of this act were already ruled unconstitutional by a NY judge, with more still being appealed shows how much real thought was put into it; within the first few weeks of passing this debacle almost all police, armed guards etc. were violating the law because the legislators in their infinite wisdom forgot to exempt law enforcement, not to mention all the people who went to bed and then the next day — due to the fly - by - night method of governing — people woke up breaking the law without having done anything.

The supreme court has also ruled that is has jurisdiction over any order issued and has struck some down, notably this case which set the precedent that attempting to create law with an order is unconstitutional.

The «sanctuary» crowd insists it's unconstitutional for Washington to withhold aid to coerce cooperation with federal law.

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.»

(CNN)- A federal appeals court sided with the government Monday, allowing the military to maintain its «don't ask, don't tell» policy during an appeal of a lower court ruling that the law barring openly gay and lesbian soldiers is unconstitutional.

New York's controversial receivership law that allows for the takeover of failing public schools withstood a court challenge by the teachers union, with a state Supreme Court judge this week rejecting a number of arguments aimed at deeming the statute 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.

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.

Interracial marriage in the United States has been fully legal in all U.S. states since the 1967 Supreme Court decision that deemed anti-miscegenation laws unconstitutional, with many states choosing to legalize interracial marriage at much earlier dates.

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.

Last Friday, in a 6 - 3 decision, the Washington State Supreme Court declared unconstitutional the state's voter - approved charter school law, threatening the future of nine new schools with more than 1,200 students.

The lawsuit is the first of what many analysts expect will be numerous legal challenges around the country following a landmark decision in June by a California Superior Court judge who struck down the tenure system there as unconstitutional under state law, saying it unfairly saddled students in high - needs schools with low - performing teachers.

The attorney general's office also warned the DOR that it is their proposed rule, not the scholarship law, that is unconstitutional because discriminating against religious schools would put «Montana's Constitution in potential conflict with the U.S. Constitution.»

The law is being challenged in court by 13 Florida districts, including Broward, Orange, Palm Beach, and Duval counties, among the state's largest, who argue it's unconstitutional to force local districts to share funds from local property taxes with independently run charters.

Most are familiar with the famous 1954 ruling Brown v. Board of Education, in which the U.S. Supreme Court ruled that state laws creating separate public schools for white and black children were 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.

The justices appeared to focus most of their attention on the first case they heard, one dealing with whether the law is unconstitutional because it siphons off state funds that can only be used for the operation of public schools.

Contrary to early media reports that the Washington State charter school law was found unconstitutional, the judge actually upheld the entire charter law, with some minor exceptions, Robin Lake writes.

On Monday, Georgia's Supreme Court decision deemed the Georgia Charter Schools Commission — a state commission that authorizes the creation of charter schools — unconstitutional, striking down a 2008 law that gave the state the power to create the commission in the first place and allowed the commission to fund charter schools with money that would have otherwise paid for public schools in local districts.

There, a Los Angeles Superior Court judge found similar state laws unconstitutional, ruling that tenure rules disproportionately saddle poor and minority students with «grossly ineffective» teachers, a violation of the right to equality of education spelled out in California's constitution.

But with the second ruling of the law being unconstitutional, and continuing public and city leader support for a repeal, it looks like a long - time law on the books in Toledo could be overturned soon.

Goulding also noted that the law lumping «pit bulls» with «pit bull mixed breed» dogs together was also unconstitutional.

Unfortunately it takes a great deal of money to fight this type of case, which is how governments get away with passing unconstitutional laws all the time.

Over the past few years, I have been in touch with Norwegian lawyers and climate activists who are making the case that large - scale oil production in the Arctic is unconstitutional according to Norwegian law.

Noted constitutional law professor Laurence Tribe ’66 has made headlines with his Congressional testimony that the EPA's Clean Power Plan is unconstitutional.

Justice Minister Jody Wilson - Raybould has said that repealing these redundant and unconstitutional laws is in line with principles of fundamental justice, such as consistency and clarity.

Moreover, Justice Susan Himel ruled that the laws that forbid running a bawdy house, communicating for the purpose of prostitution, and living off the avails of prostitution were unconstitutional and are not in accord with the principles of fundamental justice.

Gloria Taylor, 64, was one of several plaintiffs who argued in court that the criminal law was unconstitutional and that people with serious illnesses should be entitled to take their lives with the help of a physician.

Time (via the ABA Journal) is reporting that Republican candidates Joe Miller (Alaska) and John Raese (West Virginia) have been saying, in public, with all sorts of audio and video recording equipment present, that the mimimum wage law is unconstitutional.

Hasan notes that the issue of suspended declarations was dealt with in Schachter in 1992, where then chief justice Antonio Lamer suggested the implications of preserving an unconstitutional law — even temporarily — demand that suspensions be used rarely.

«There's nothing wrong with wanting to defer to Parliament, but it's problematic in criminal cases where you have the possibility of people being arrested, charged, prosecuted, and perhaps even jailed for a law that has already been declared unconstitutional.»

And, unlike U.S. courts, the Constitutional Court can rule a law unconstitutional during the legislative process, rather than in connection with an actual case or controversy relating to the law taking effect (in which case the law never gets on the books in the first place).

From a theoretical / policy - based viewpoint, it perhaps stands in stark contrast to a decision of the Supreme Court of Canada a few weeks ago which ruled that under Quebec Family Law, it is not unconstitutional for common - law spouses to be given different rights from married couples in connection with certain specific rights arising from support upon separatiLaw, it is not unconstitutional for common - law spouses to be given different rights from married couples in connection with certain specific rights arising from support upon separatilaw spouses to be given different rights from married couples in connection with certain specific rights arising from support upon separation.

Law professor and prolific blogger Jonathan Turley has «agreed to represent the United States House of Representatives in its challenge of unilateral, unconstitutional actions taken by the Obama Administration with respect to implementation of the Affordable Care Act (ACA).»