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"constitutionality" Definitions
  1. the fact that something is acceptable according to a constitution

889 Sentences With "constitutionality"

How to use constitutionality in a sentence? Find typical usage patterns (collocations)/phrases/context for "constitutionality" and check conjugation/comparative form for "constitutionality". Mastering all the usages of "constitutionality" from sentence examples published by news publications.

The intra-government split over the FHFA's constitutionality mirrors a divide between the Justice Department and the CFPB over that agency's constitutionality.
But constitutionality is really the least of the administration's concerns.
Miguna challenged the constitutionality of his deportation, and on Feb.
But the decision explicitly reaffirmed the constitutionality of disclosure laws.
Constitutionality, job loss, high costs are all in the mix.
The tribunal rules on the constitutionality of acts of law.
The only basis for the mandate's constitutionality no longer remains.
ON WHAT GROUNDS WOULD YOU CHALLENGE THE CONSTITUTIONALITY OF THIS?
Yale's Abbe Gluck on the constitutionality of Trump's Obamacare sabotage.
Azar case challenging the constitutionality of the Affordable Care Act.
Its fate likely rests on the constitutionality of Section 85033.
Charkaoui challenged the constitutionality of that certificate program and won.
Helgi Walker of Gibson Dunn & Crutcher – who represents the Mississippi check cashing business challenging the CFPB's constitutionality at the 5th Circuit - told me that the CFPB's concession on its constitutionality leaves plenty of questions unanswered.
Watch. It'll be headlines tomorrow: 'Donald Trump Wants To Break Constitutionality.
That law is on hold pending legal challenges to its constitutionality.
The constitutionality of enforcing those laws, however, has never been tested.
Furman's ruling is not about the constitutionality of the citizenship question.
O'Connor did not rule on the constitutionality of the directive itself.
Olson when it upheld the constitutionality of the Independent Counsel statute.
In 2014, the Supreme Court upheld the constitutionality of the law.
Fanfan, a case that challenged the constitutionality of federal sentencing guidelines.
Monday's Supreme Court decision only considered the constitutionality of the issue.
Hewlett-Packard Co., challenges parts of the America Invents Act's constitutionality.
And yet, in 1944, the Supreme Court upheld the order's constitutionality.
Cosby&aposs attorneys also are challenging the constitutionality of the law.
The governor, a Democrat, cited concerns about constitutionality and patient safety.
It filed its own case challenging the constitutionality of the order.
Such burdens raise concerns about constitutionality under the Dormant Commerce Clause.
But he didn't actually challenge the constitutionality of the bill itself.
Texas's lawsuit quite reasonably argued that if the basis for the constitutionality of other provisions of Obamacare was that the individual mandate is a tax, once that tax is repealed, the basis for constitutionality is eliminated.
One of the cases addresses the constitutionality of funding for religious institutions.
Muhtorov&aposs attorneys challenged the constitutionality of the program before the trial.
The defense is now making submissions on the constitutionality of mandatory minimums.
No court has addressed the constitutionality of the executive order thus far.
Olson, which established the constitutionality of an independent counsel; and PHH v.
The case did not challenge the constitutionality of the death penalty itself.
The justices decline to assess the constitutionality of the university's admissions program.
The Supreme Court will take up the question of constitutionality this fall.
Holder, to uphold the constitutionality of the Affordable Care Act's individual mandate.
Maryland has asked Hollander to issue a declaratory judgment upholding Obamacare's constitutionality.
Did Johnson intend to violate the law or merely challenge its constitutionality?
Prostitutes have joined in asking for a review of the law's constitutionality.
Perry, which challenged the constitutionality of California's anti-gay-marriage Proposition 8.
United States, upheld the constitutionality of Title II under the commerce clause.
Hebdon, No. 19-122, to consider the constitutionality of all contribution limits.
The question was the constitutionality of the Consumer Financial Protection Bureau (CFPB).
Mehta expressed skepticism at Consovoy's argument that the judge had to weigh the constitutionality of the potential legislative reasons that Congress gave for issuing the subpoenas — that is, deciding the constitutionality of legislation that hadn't even been drafted yet.
His appointment's constitutionality aside, Mr Whitaker has unconventional views for an attorney-general.
Hanen has voiced skepticism, to say the least, about the constitutionality of DACA.
On Wednesday, Israel's parents pushed their challenge to the constitutionality of state law.
In February, the U.S. Supreme Court upheld the constitutionality of the Montana law.
But that was challenged in a lawsuit questioning the health care law's constitutionality.
The Judiciary Committee held a hearing to consider their constitutionality not long after.
The group has filed a lawsuit challenging the constitutionality of the Florida law.
INGRAHAM: What is your general thought of the constitutionality of this whole investigation?
Currently, a San Francisco lawsuit is challenging the constitutionality of the bail system.
The constitutionality of GO bonds is also being challenged in Puerto Rico's bankruptcy.
He's never ruled on a case hinging on the constitutionality of abortion restriction.
Eight federal circuit courts ultimately heard cases contesting the constitutionality of the registry.
Recently, several federal court cases have challenged the very constitutionality of money bail.
Olson, a 7-1 decision upholding the constitutionality of the Independent Counsel Act.
Mr. Cooper has declined to defend a federal lawsuit challenging the law's constitutionality.
With or without a court ruling on its constitutionality, the ACA needs help.
In the Louisiana case, the constitutionality of a state law was at issue.
The ACLU has actively defended the constitutionality of boycott activity for many decades.
The House Intel page also largely glosses over the core question of constitutionality.
Future decisions on the constitutionality of government surveillance of Americans will be huge.
No appellate court has ruled on the law's constitutionality since it was amended.
But Kavanaugh's dissent was narrowly crafted and did not address the law's constitutionality.
The question of the constitutionality of the program still remains before the lower courts.
Second: "Donald Trump Wants to Break Constitutionality" is, objectively speaking, a terrible headline. 533.
The ACLU's suit also does not address the constitutionality of the executive order itself.
Others have also questioned the constitutionality of the appointment because he's not Senate confirmed.
I also believe it will be challenged in court and is of dubious constitutionality.
The court upheld the constitutionality of a procedure that eases challenges to questionable patents.
The Supreme Court first upheld the fees' constitutionality in the 19773 case Abood v.
Roberts, writing for the court, also raised questions about the constitutionality of preclearance itself.
The state could fight the "legality and constitutionality" of the law, the Democrat said.
The American Civil Liberties Union is challenging the constitutionality of the proof-citizenship requirement.
Next it took control of the Constitutional Tribunal, which reviews the constitutionality of legislation.
The cases from Kansas and Louisiana did not challenge the constitutionality of abortion itself.
On June 22, 1970, Nixon signed the law, while voicing "misgivings" over its constitutionality.
The United States Supreme Court affirmed the constitutionality of that order in Korematsu v.
Comm'n (85033) a four-part test for determining the constitutionality of commercial speech regulations.
Supporters of the program also argue that current case law supports the program's constitutionality.
In one court case, it sided with a mortgage lender questioning the agency's constitutionality.
In March, Trump supported a lawsuit challenging the constitutionality of the Affordable Care Act.
On Wednesday, a federal lawsuit was filed by a farmer challenging the measure's constitutionality.
Holder, a 20063 case examining the constitutionality of the Affordable Care Act's individual mandate.
Legal scholars and former Justice Department officials have been questioning the constitutionality of Whitaker's appointment.
In a somewhat similar case, Microsoft is challenging the constitutionality of gag orders accompanying warrants.
He may have been alluding to dueling legal arguments over the constitutionality of each's appointment.
"For 22 years, I voted to sustain the constitutionality of the death penalty," Palmer said.
The United States Supreme Court upheld the constitutionality of forfeiture laws in the early 2900s.
They said a previously unsuccessful execution attempt doesn't affect the constitutionality of his death sentence.
The constitutionality of this statute was upheld by the Supreme Court in Morrison v. Olson.
It was determined that the ban would be suspended while judges decide on its constitutionality.
And setting aside the constitutionality issue, the quota law is wrong-headed for several reasons.
The National Emergencies Act of 1976, I don't believe has been tested for its constitutionality.
The Justice Department's Office of Legal Counsel this week defended the constitutionality of Whitaker's appointment.
The House Of Representatives held a hearing on the bill Wednesday to discuss its constitutionality.
"The constitutionality of this bill is evident," King said at the hearing, according to Jezebel.
In that sense then, this administration is not changing its position on the law's constitutionality.
But the statute has not been consistently enforced, and presidents have balked at its constitutionality.
Would it have been possible to uphold the cross' constitutionality without undermining American religious pluralism?
Olson, the 1985 Supreme Court ruling that upheld the constitutionality of the Independent Counsel Act.
The Supreme Court matter had centered on the fairness and constitutionality of the latest vote.
In the coming days, India's Supreme Court is expected to rule on the law's constitutionality.
Prosecutors say these laws protect witnesses from retaliation, but critics challenge their fairness and constitutionality.
Casey, which adopted the "undue burden" standard for evaluating the constitutionality of restrictions on abortion.
The president still faces lawsuits on the constitutionality of his enriching himself while in office.
The N.B.A. is currently a plaintiff in New Jersey's lawsuit challenging the constitutionality of Paspa.
Massachusetts, dates back to 1905 and deals with the constitutionality of requiring a smallpox vaccination.
Ocwen also asked for Attorney General Jeff Sessions to present views on the agency's constitutionality.
Several lawsuits are challenging the constitutionality of foreign payments to companies controlled by President Trump.
By Monday, she realized that she had to take a position on the order's constitutionality.
The effort prompted questions about the proposal's constitutionality and swift pushback internally from agency officials.
Greene's Energy Group, et al, the Supreme Court will decide the constitutionality of this tribunal.
The Supreme Court is scheduled to permanently rule on the travel ban's constitutionality in April.
Last February, 20 states collaborated to challenge the constitutionality of the ACA in federal court.
It intends to challenge the law's constitutionality, university president Michael Ignatieff said in a statement.
There is no need to judge the legality or constitutionality of a ban that has expired.
But that doesn't mean that courts lack the authority to review the constitutionality of executive actions.
The ultimate arbiter of the constitutionality of Trump's sweeping new moves would be the Supreme Court.
A reasoned debate over the constitutionality and feasibility of Trump's proposals are unlikely to stop him.
Azar, which challenges the constitutionality of the preexisting protections offered by the ACA; Planned Parenthood v.
His lawyer says he will challenge the constitutionality of Robert Mueller&aposs appointment as special counsel.
Meanwhile, Harris's stance on the constitutionality of the death penalty is a bit of a mystery.
The Washington state lawsuit was the first to test the broad constitutionality of Trump's executive order.
By labeling CFPB unconstitutional, the D.C. Circuit ironically protected the agency from attacks on its constitutionality.
That ruling did not amount to a full swipe at the constitutionality of Trump's executive action.
Judge Kavanaugh dissented in a 2011 case that upheld the constitutionality of the Affordable Care Act.
Justice Gorsuch is not alone in skepticism about the constitutionality of the Supreme Court's Chevron precedent.
Hellerstedt where the Court will weigh in on the constitutionality of health regulations for abortion clinics.
It is about Border Security and the Wall (stopping Crime, Drugs etc.), not Constitutionality and Precedent.
"The government has repeatedly blocked the courts from considering the constitutionality of this surveillance," he said.
Hellerstedt, which challenges the constitutionality of clinics being forced to meet requirements of ambulatory surgical centers.
The case is the court's latest consideration of the constitutionality of harsh punishments for youthful offenders.
In one case, the Justice Department sided with a mortgage lender that questioned the agency's constitutionality.
But the CFPB is meanwhile defending its constitutionality in cases before the 2nd and 5th Circuits.
It's the second time this term that the justices have weighed the constitutionality of partisan gerrymandering.
Mr. Martin and the other plaintiffs subsequently filed suit challenging the constitutionality of the city's ordinances.
The injunction puts the law on hold while a broader challenge to its constitutionality plays out.
Indeed, a federal court in Arkansas last month upheld the constitutionality of that state's anti-B.
The judge appointed by former Republican President George W. Bush questioned the constitutionality of Trump's order.
He's asking the Supreme Court to rule on the constitutionality of a firearms ban for felons.
De Blasio disbanded the program in 2014 after civil liberties groups raised questions about its constitutionality.
While a federal court has upheld Section 702, privacy watchdogs are still challenging the rule's constitutionality.
The constitutionality and lawfulness of Whitaker's appointment have been under scrutiny since Trump appointed him on Nov.
A federal appeals court on Tuesday will hear oral arguments in a lawsuit challenging the law's constitutionality.
But whatever route they choose, the overall constitutionality of the travel ban has yet to be determined.
California law bans open carry, so the constitutionality of that ban will now have to be tested.
It's also awaiting a Supreme Court decision on the constitutionality of President Obama's executive actions on immigration.
The high court considered the constitutionality of considering race in college admissions in 270, 22006, and 22.5.
Katyal, arguing against the ban, also focused on the legality of the ban rather than its constitutionality.
Speculation about how unwelcome candidates may be disqualified in future is rife, as ideology wrestles with constitutionality.
The U.S. Supreme Court upheld the constitutionality of midazolam in 2015 in a narrow 5-4 decision.
In June, the justices agreed to hear a case on the constitutionality of partisan gerrymandering in Wisconsin.
New York financier Lynn Tilton is among others to challenge the constitutionality of SEC in-house courts.
On the other extreme, San Francisco has filed a lawsuit challenging the constitutionality of the executive order.
But the SEC has faced mounting challenges to the constitutionality of how it appoints in-house judges.
In November, the court declined to hear a case challenging the constitutionality of California's concealed carry laws.
When the facts change, Roberts asserted, the court must change its mind as to a law's constitutionality.
And HBCUs need this support now more than ever, because the current administration has questioned their constitutionality.
Whitford, a potentially landmark case on the constitutionality of Wisconsin's warped state legislative maps, on October 3.
The order will remain in effect while a lawsuit on the constitutionality of the law plays out.
In 2011, President Obama's justice department declined to defend the constitutionality of the Defense of Marriage Act.
Both proposals have been hampered by questions over the effectiveness and the constitutionality of such a tax.
C.S.P.O.A. members believe that the sheriff has the final say on a law's constitutionality in his county.
He suggested remedies that raised questions of constitutionality, like a ban on Muslims entering the United States.
The judge said the order was discriminatory on religious grounds, though he didn't rule on its constitutionality.
The Supreme Court is still set to rule on the constitutionality of the prior ban next month.
The Supreme Court opted not to decide the constitutionality of ALJ removal provisions in the Lucia case.
It was dismissed after the state attorney general's office expressed doubts about the constitutionality of the prosecution.
A group of Republican state officials, led by Texas, used this legal limbo to challenge Obamacare's constitutionality.
It is a good bet that the Supreme Court will soon weigh the constitutionality of the practice.
That year, an appeals court issued a ruling that cast doubt on the constitutionality of the law.
"This is constitutionality on the fly," said Adam Wagner, a human rights lawyer at Doughty Street Chambers.
Jackson did not consider the constitutionality of the policy but kept the door open for doing so.
Ergo, the chief justice might think, it's still a tax penalty for purposes of defending ObamaCare's constitutionality.
"This is really a vote not on constitutionality, because it's constitutional," Trump said about Thursday's scheduled vote.
In the time between oral arguments, the government reflected upon the wisdom and constitutionality of banning books.
Facebook tracked the 4th Circuit's AAPC ruling on the issue of the constitutionality of the 2015 exemption.
On Wednesday, the Supreme Court began hearings in a long-running collective case challenging the program's constitutionality.
The third approach is for states to file a lawsuit challenging the constitutionality of the tax law.
The Supreme Court has never ruled on the constitutionality of anonymous juries and extreme courtroom security measures.
The California Supreme Court said it will determine the merits of the measure&aposs constitutionality in the future.
The lawsuit challenges the constitutionality of Doraville "using its law enforcement and municipal court system for revenue generation."
The constitutionality of white primaries was brought before the Supreme Court of the United States on multiple occasions.
Currently, that bill is being held up in the House due to a procedural debate over its constitutionality.
Mass protests erupted around the U.S. and triggered a series of lawsuits nationwide that challenged the order's constitutionality.
The Legal Aid Society sued the NYPD in 2016 over the constitutionality of its enforcement of the law.
A suit challenging the constitutionality of Trump's travel ban delayed implementation for years and rallied the Democratic base.
Roberts denied that the Anti-Injunction Act applied, but accepted the tax argument for considering the mandate's constitutionality.
The law is now in jeopardy once again after the Trump administration supported a lawsuit questioning its constitutionality.
The justices are due to hear arguments over the legality and constitutionality of Trump's executive order on Oct.
The American Institute for International Steel, for example, sued last year to challenge the constitutionality of some tariffs.
He avoided addressing the constitutionality of the decision to require the baker to make cakes for all comers.
Democratic governors in New York and Connecticut have raised the possibility of challenging the constitutionality of the cap.
At the same time, the Constitutional Court will continue to review decrees and laws to ensure their constitutionality.
He said the Supreme Court has never taken a case deciding the constitutionality of sneak-and-peek warrants.
Other federal judges have also reined in the executive branch by questioning the constitutionality of Trump's travel ban.
California Teachers Association, which challenged the constitutionality of agency fees for public school teachers in the Golden State.
The ban on such knives has been in effect since 1958, and its constitutionality has been uniformly upheld.
PHH fought back by suing the watchdog agency on multiple grounds, including the constitutionality of its leadership structure.
The Court would never have decided to hear this case unless there were grave concerns over PASPA's constitutionality.
The Supreme Court has agreed to consider the constitutionality of partisan gerrymandering after punting the issue last term.
The Supreme Court on Monday denied review of a case challenging the constitutionality of long-delayed death sentences.
In his concurring opinion, Thomas implicitly questioned whether the law could survive a frontal challenge to its constitutionality.
Following a 1927 U.S. Supreme Court decision that upheld the constitutionality of Virginia's sterilization law, sterilization rates climbed.
Jeb Bush, challenged the constitutionality of the ban, which plaintiffs said barred an estimated 211,21 people from voting.
He also defended the constitutionality of his declaration despite the bipartisan refusal of Congress to fund the wall.
The Supreme Court, which upheld the constitutionality of midazolam for use in executions last year, declined to intervene.
The Supreme Court may take up the case, and potentially rule on the constitutionality of the internal system.
In theory, the Justice Department would normally be charged with defending the CFPB's constitutionality before the high court.
We have recently filed an amicus brief encouraging the Supreme Court to review the constitutionality of this practice.
The question of the ban's constitutionality will likely proceed to the Supreme Court, where its fate is uncertain.
Taxpayers will be forced to continue shouldering the cost of defending lawsuits challenging the constitutionality of H.B. 2.
Ferguson (1896), the court upheld a Louisiana law mandating separate railroad cars, thereby upholding the constitutionality of segregation.
And once there, they said, it could become a seminal test of the constitutionality of consecutive life sentences.
Our understanding of constitutionality should not shift simply because the surveillance has become cheaper and easier to perform.
They peppered the lawyers with questions about the constitutionality of the individual mandate — and the law writ large.
They were eventually allowed to enter the US but their case challenging the constitutionality of the executive order continues.
Qassem Soleimani, a move largely lauded by Republicans but criticized by Democrats who questioned the constitutionality of the action.
He successfully defended the constitutionality of the Affordable Care Act, as well as arguing in favor of gay marriage.
Congress's vote on Thursday, however, could speak to questions about its constitutionality and strengthen challengers' cases on this front.
To be clearer here after a reader email - they've addressed their views on constitutionality of Roe v Wade previously.
Opposition legislators and dissident members of Cartes' center-right Colorado party had challenged the constitutionality of the planned sale.
Furthermore, in the one case where Kavanaugh himself encountered the constitutionality of ObamaCare, he did not welcome conservative arguments.
This Court will rule on the constitutionality of gerrymandering, voter ID laws, union dues, campaign finance, Obamacare, and more.
One dissenting judge said the plaintiffs should be granted a trial on the method's constitutionality before they are executed.
There is a key Supreme Court hearing next month on the constitutionality of his executive order on the ban.
To settle the issue of DACA's constitutionality, Trump can still urge Congress to pass a bill protecting the Dreamers.
Olson, a 1988 Supreme Court ruling that upheld the constitutionality of a now-defunct federal statute creating independent counsels.
The Supreme Court announced Tuesday that it would not hear a case challenging the constitutionality of the death penalty.
Senate Republicans are not voting on constitutionality or precedent, they are voting on desperately needed Border Security & the Wall.
Warren aides told CNN they are confident it would survive any legal challenges posed by questions over its constitutionality.
Olson, a 1988 case when the justices upheld the constitutionality of a freestanding but now defunct independent counsel law.
Beyond legal arguments about constitutionality, Huawei also claims that the ban will hurt the U.S. economy and U.S. consumers.
United States of America, which successfully challenged the constitutionality of the United States military's "don't ask, don't tell" policy.
There's a veneer of legality and constitutionality in all they do, but the politics take place behind the scenes.
Four years later, the Supreme Court agreed to review its constitutionality in a case known as Romer v. Evans.
The 5th Circuit Court of Appeals today granted the House's petition to intervene in the case challenging Obamacare's constitutionality.
He referred the matter to the American Civil Liberties Union, which challenged the constitutionality of Virginia's anti-miscegenation law.
The subsequent decision-making process left Yates "not satisfied" with the legality and constitutionality of the ban, she said.
The Kansas Supreme Court is expected to rule soon on the constitutionality of the state's new school funding mechanism.
The National People's Congress said Hong Kong courts had no power to rule on the constitutionality of city legislation.
The ACLU is currently involved in a lawsuit challenging the constitutionality of the U.S. government's pre-publication review system.
The abortion bill was passed in its final form earlier in August, but conservative legislators then challenged its constitutionality.
The Supreme Court on Tuesday denied a request to review a case challenging the constitutionality of the death penalty.
Over the next three months, the justices debated how broadly the court should interpret the constitutionality of protective orders.
Judges on the 5th Circuit appeared skeptical of the constitutionality of ObamaCare when they heard oral arguments in June.
There is no academic freedom, so the universities can play no role in the development and restoration of constitutionality.
What the case is about: Lawyers for Haning filed a motion that challenges the constitutionality of Whitaker's acting appointment.
In another dissent, Justice Stephen Breyer said the court should now debate the constitutionality of the death penalty itself.
So that's what I mean when I say this statement doesn't actually challenge the constitutionality of the bill itself.
The Justice Department's Office of Legal Counsel issued a memo last week defending the constitutionality and lawfulness of Whitaker's appointment.
In a letter sent to top justice officials on Friday, Yates discloses reservations about the Constitutionality of Trump's immigration ban.
Legal scholars immediately raised questions about the constitutionality of Whitaker's appointment because he has not been confirmed by the Senate.
Miller held off testifying for a year as he challenged the constitutionality of Mueller's investigation, and the courts denied him.
But Obamacare is in jeopardy once again, after the Trump administration supported a lawsuit questioning the health-care law's constitutionality.
Hinkle added that he also still has questions about the constitutionality of Florida's law requiring payment of fines and fees.
Roberts was the deciding vote that upheld Obamacare's constitutionality when the law was deliberated by the Supreme Court in 2012.
The court also reaffirmed the constitutionality of race-conscious admissions last year in a 4-3 ruling in Fisher v.
Local markets closed before the vote on the bill's constitutionality, which is expected to take place later on Tuesday evening.
Several lawsuits sprang up challenging the constitutionality of Mr Trump's discriminatory move toward thousands of current and future transgender soldiers.
Friedman's issue with the constitutionality of the law stemmed from the fact that it was written under law regulating commerce.
The argument for the constitutionality of DACA is that this is an issue within the enforcement discretion of the executive.
The conservative court, which upheld the individual mandate's constitutionality in 2012, could be more likely to uphold the judge's decision.
INGRAHAM: Are you also going to make an argument about the underlying constitutionality of the special counsel in this process?
"I would encourage our gay community to bring a class action to challenge the constitutionality of Section 377A," Koh wrote.
In 2001, the Naz Foundation, an Indian organization that works on HIV/AIDS advocacy, disputed the constitutionality of the law.
Justice Clarence Thomas set off a signal flare of sorts last April suggesting he had doubts about the practice's constitutionality.
Friedrich is one of four federal judges that have upheld Mueller's appointment and constitutionality amid a barrage of legal challenges.
State of California, representing student plaintiffs at underperforming Los Angeles public schools challenging the constitutionality of strict reverse-seniority layoffs.
To almost no one's surprise, on Monday the Supreme Court avoided ruling on the constitutionality of gerrymandering by state legislatures.
So, when the only argument for a law's constitutionality no longer exists, it would only be natural to admit it.
Marbury is well known as the case that established the Supreme Court's power to review federal statutes for their constitutionality.
Such proposals have been hampered by questions over the effectiveness and the constitutionality of such taxes, Business Insider previously reported.
"That's sort of the central objection to its constitutionality," said Barbara Mishkin, a consumer finance attorney at Ballard Spahr LLP.
It also pointed out the constitutionality of the IPR process is due to be heard by the U.S. Supreme Court.
Peduto said the city has challenged the constitutionality of state laws before and can do so again, the newspaper reported.
Boston said in a statement to the outlet that she has "grave concerns" about the Georgia bill and its constitutionality.
The decision surprised both sides: a 5-4 ruling that not only declined to overturn Roe, but reaffirmed its constitutionality.
The Supreme Court on Monday refused to hear a case challenging the constitutionality of the Consumer Financial Protection Bureau (CFPB).
Pointedly, Kennedy ventured no opinion whatever on the constitutionality of prohibitions on conduct that fell outside that narrowly described box.
The path to implementation, however, was quickly derailed amid concerns over the system's constitutionality and the feasibility of its use.
And the government has lately increased the practice dramatically — even though recent legal decisions raise serious questions about its constitutionality.
One pointed to a politically charged case that challenged the constitutionality of a ban on federal contractors making political donations.
But their disagreement was not over the constitutionality of the Affordable Care Act, but rather interpretations of the Origination Clause.
The same happened when the Free Enterprise Fund challenged the constitutionality of rules governing the Public Company Accounting Oversight Board.
"Leading the charge is Justice Clarence Thomas, who last year questioned Chevron's constitutionality," writes Notre Dame legal scholar Jeffrey Pojanowski.
Democrats cite Kavanaugh's rulings in a 2016 case about Obamacare's contraception mandate and another 2011 case on the law's constitutionality.
It first stacked the Constitutional Tribunal, a top body tasked with reviewing the constitutionality of the law, with loyal jurists.
And the law's constitutionality, he argued, is too grave a question to be decided in a case with ripeness flaws.
Therefore, the Justice Department this week initiated court proceedings against the rebellious state challenging the constitutionality of the three statutes.
WASHINGTON — The Supreme Court on Tuesday upheld the constitutionality of a procedure that makes it easier to challenge questionable patents.
Each time, the Court upheld the constitutionality of using race as a factor in admissions, but they were close calls.
The Oil States case recently argued before the Supreme Court, for example, focuses only on the constitutionality of the PTAB.
It will hear cases over a Louisiana abortion regulation and the constitutionality of the Consumer Financial Protection Bureau in March.
The Supreme Court upset this balanced formula when they ruled against the constitutionality of the Medicaid expansion in June 2012.
The SEC has faced mounting challenges in recent years to the constitutionality of how it appoints its in-house judges.
Because the Trump administration acted preemptively to kill DACA, the courts never actually hashed out the question of DACA's constitutionality.
Instead, it rewrote the question to address specifically the constitutionality of the three Pennsylvania abortion restrictions that were at issue.
Most importantly, no lawsuit has gotten to the point of ruling on the legality or constitutionality of the ban itself.
Rodriguez, which weighs the constitutionality of immigrant detention and whether undocumented immigrants, criminal or not, should be afforded bond hearings.
Myself on the right and some on the left come together because of the constitutionality of where war should begin.
Border communities and The Sierra Club will continue to challenge the constitutionality of Trump's funding of the wall in that lawsuit.
But the court has shown no signs it will take up the broader question of the constitutionality of the death penalty.
On Monday, Senate Democrats Mazie Hirono, Richard Blumenthal and Sheldon Whitehouse brought their own case challenging the constitutionality of Whitaker's appointment.
In a May 2017 speech, he promised to amend Article 9 to explicitly recognize the constitutionality of the SDF by 2020.
What, he mused, about Marbury v Madison, the decision of 1803 justifying the court's power to review the constitutionality of legislation?
If the case goes to oral argument, a decision on the law's constitutionality will likely be handed down sometime next year.
One of her most prominent cases was challenging the constitutionality of the four-decade-long solitary confinement of the Angola 3.
In a letter sent to top justice officials this winter, Yates disclosed reservations about the Constitutionality of Trump's first immigration ban.
The U.S. Conference of Mayors (USCM) on Tuesday questioned the constitutionality of ICE detainers and the truthfulness of the DHS report.
While Grassley hasn't said whether he would support the legislation, the Iowa senator raised questions about the proposals' constitutionality last September.
We are worried, though, that leading figures in our party are coalescing around an idea whose constitutionality is doubtful at best.
Would the President's prerogative to protect national security be the final answer to any questions about the constitutionality of his policy?
The American Humanist Association, which brought the case challenging the constitutionality of the cross, argue the 4th Circuit got it right.
Braden stayed her case until Swain emits a final decision on the FCB's constitutionality, according to a report by Caribbean Business.
The Supreme Court is due to hear a case on the constitutionality of the IPR process this fall, Saunders pointed out.
Lower courts are divided over the legal standard for assessing the constitutionality of state regulation of the medical profession and abortion.
When the PTO board sided with Greene's Energy, Oil States appealed and challenged the constitutionality of the inter partes review process.
It has been open to cutting back on the availability of the death penalty but not inclined to test its constitutionality.
Olson, which upheld the constitutionality of provisions of a now-defunct federal statute creating an independent counsel, and subsequent court decisions.
Now that it has again upheld the constitutionality of affirmative action, even past opponents should acknowledge the bankruptcy of mismatch theory.
This time, the N.A.A.C.P. was interested; lawyers there hoped to use the arrest to challenge the constitutionality of segregated interstate travel.
Mr. Hasen and others have speculated that the Supreme Court may now be willing to reconsider the constitutionality of partisan gerrymanders.
A spokesman for Mr. Schumer argued that such comments by the judge served to question the constitutionality of the health law.
Since the two sides agreed on the basic issue, the court appointed Mr. Clement to defend the constitutionality of the law.
Congress's vote on Thursday, however, could definitely speak to questions about its constitutionality — if a judge ends up weighing this argument.
The case of a 40-foot cross in Maryland offers the justices a chance to clarify the constitutionality of religious displays.
On Wednesday, the full court issued a new ruling vacating the previous decision and upholding the constitutionality of the agency's structure.
Arundhati Katju and Menaka Guruswamy, both lawyers, are representing dozens of petitioners in cases that challenge the constitutionality of the law.
Katrina Robinson said Monday that "there have been a lot of questions to the constitutionality of the bill" at all stages.
Conservative justices have questioned the constitutionality of laws that prohibit policies where the burden falls on some races more than others.
The DC Circuit Court of Appeals weighed in on the question of Mueller's constitutionality after the Stone associate Andrew Miller appealed.
Last month, the states brought suit in federal court in Manhattan challenging the constitutionality of this provision of the new law.
Detroit Board of Education  upheld the constitutionality of state laws allowing "union security provisions" to be included public-sector union contracts.
He did not mention that the constitutionality of the trust had been challenged all the way to the Court of Appeals.
To the list of issues surrounding this impeachment effort, we need not add the constitutionality of the charges against the president.
She was then responsible for defending the CFPB against challenges to its constitutionality brought by a number of its enforcement targets.
But it could just as easily rule directly on the legality and constitutionality of the travel ban once and for all.
But the court doesn't, as a matter of course, take campaign rhetoric into account when evaluating the constitutionality of a policy.
What happens if they completely reject O'Connor's argument and uphold the constitutionality of both the individual mandate and the law itself?
Papadopoulos sought the delay until an appeals court rules in a separate case challenging the constitutionality of special counsel Robert Mueller's appointment.
"The court's decision only creates further uncertainty regarding the constitutionality of the CFPB," said Richard Hunt, president of the Consumer Bankers Association.
The court's decision will leave in effect a decision from a federal appeals court in Washington upholding the constitutionality of the regulations.
Advocacy groups say they plan to file additional lawsuits in the days to come challenging the constitutionality of the order as whole.
One of DeWine's first orders of business after succeeding Cordray as Ohio's attorney general was to join the lawsuit challenging Obamacare's constitutionality.
The U.S. judicial system will ultimately block a court ruling that questioned the constitutionality of Obamacare, Centene CEO Michael Neidorff told Cramer.
Even legislators favoring the changes are likely to await resolution of a court challenge over the agency's constitutionality before revamping the agency.
The state is currently awaiting a decision from the Supreme Court on the constitutionality of the Obama administration's executive actions on immigration.
The federal stays have not addressed the constitutionality of the order, but the ACLU has vowed to continue fighting against the ban.
Immigration advocates, however, are challenging the constitutionality of Cuccinelli's appointment at USCIS, which could (but likely won't) derail his nomination at DHS.
That decision is under review by the entire D.C. Circuit, which heard arguments last May on the constitutionality of the bureau's structure.
But the Court again decided that such tallying was not required; it said the Hialeah ordinances did not come close to constitutionality.
Texas, the case over the constitutionality of the Deferred Action for Parents of Americans program that made it to the Supreme Court.
"Mitchell did not awaken during the procedure," the Wisconsin Supreme Court wrote in its opinion upholding the constitutionality of the blood draw.
In a 2015 opinion, Kavanaugh backed the constitutionality of the National Security Agency's warrantless surveillance program, a ruling that civil libertarians opposed.
As of today, the third version of the ban is temporarily in effect pending a final Supreme Court decision on its constitutionality.
The laws are already being challenged in court and it's a virtual certainty the U.S. Supreme Court will rule on its constitutionality.
That subpoena power has not been used in years after a 2010 court ruling cast doubt on the constitutionality of the demands.
But the challenge to the constitutionality in general of parents being subjected to prolonged separation from their children was allowed to proceed.
"Late last night, we informed a Texas court that we would not be defending the constitutionality of the Obamacare mandate," he continued.
"The court's decision only creates further uncertainty regarding the constitutionality of the CFPB," said Richard Hunt, head of the Consumer Bankers Association.
"Already there is a case wending its way through the courts that questions the constitutionality of the health care law," Schumer said.
Democrats had previously urged Whitaker to recuse himself from supervising the Mueller investigation, in addition to questioning the constitutionality of his appointment.
King Street Patriots, an advocacy group is challenging the constitutionality of numerous provisions of Texas's campaign finance law, including PAC disclosure requirements.
A federal judge on Friday dismissed a lawsuit filed by Maryland seeking to enforce the constitutionality of the Affordable Care Act (ACA).
The Supreme Court made it virtually impossible to challenge the constitutionality of execution methods when it heard the midazolam case in 2015.
Now Kennedy is gone, and with him, a fifth vote on the Supreme Court to uphold the constitutionality of such admissions policies.
The constitutionality of such a tax would likely end up debated in front of the Supreme Court as well, according to Mann.
The international outcry was resounding and only helped to put pressure on courts to call the constitutionality of the order into question.
The solicitor general's brief, you may recall, called for the Supreme Court to determine the constitutionality of the statute controlling ALJ firing.
It's never been attempted, so its constitutionality has not been tested in court — but people have plenty of opinions on the issue.
Jerry Brown questioned its constitutionality and said the measure "sets a 'slippery slope' precedent" for what individuals states could require of candidates.
Several appeals courts have sparred over the constitutionality of the exception — with the decision likely to end up at the Supreme Court.
The state, the first to develop the lethal injection protocol, was challenged on the constitutionality of its methods after a botched execution.
Kathleen Kraninger, the Trump-appointed CFPB director, told the court in September that the bureau would no longer defend its own constitutionality.
He would still have the post-indictment relief available to all citizens, including the ability to challenge the constitutionality of the indictment.
Prewitt said lawmakers may be inclined to delay any significant action to block the question until courts have ruled on its constitutionality.
The court is also considering arguments over the constitutionality of partisan gerrymandering, which computer technology has turned into an evermore powerful tool.
Rather than deciding the constitutionality of laws restricting abortion or providing contraception, ties mean these issues remain unresolved at the national level.
WASHINGTON — The Supreme Court appeared divided on Monday over the constitutionality of a procedure that makes it easier to challenge questionable patents.
The Justice Department released no legal memos explaining Mr. Trump's decision, and it did not elaborate on Mr. Sessions's remarks about constitutionality.
Instead, he said, DOJ wants the justices to issue an advisory opinion on the matter of the constitutionality of the CFPB's structure.
Lam knows this fact only too well, and she knows that she may yet lose any judicial review of the law's constitutionality.
Congress approved a bill for their entry after considerable debate about its constitutionality and sent it to Lincoln for approval and implementation.
And the Supreme Court's conservative majority, manufactured by an earlier act of hardball, may uphold the constitutionality of the president's autocratic behavior.
Ferguson, essentially reprising Dred, cited the "established usages, customs, and traditions of the people" in affirming the constitutionality of Jim Crow laws.
Monday morning, the 9th Circuit Court of Appeals heard oral argument concerning the constitutionality of President Trump's travel ban executive order. Again!
The Obama's administration had withheld a ruling on the constitutionality of the issue under the assumption that it was a temporary measure.
His post comes ahead of a key Supreme Court hearing next month on the constitutionality of his executive order on the ban.
Conservatives argued for that discretion in a 2016 case that reached the Supreme Court, but its constitutionality has yet to be decided.
At one point, Alito told a lawyer challenging the constitutionality of the cross that there were similar memorials all over the country.
On Tuesday, Beijing said Hong Kong courts have no power to rule on the constitutionality of legislation under the city's Basic Law.
Still, many of Snowden's US defenders see the lawsuit as raising real questions about the constitutionality of the pre-publication review system.
But it stopped short of letting them into the country or issuing a broader ruling on the constitutionality of Mr. Trump's actions.
WASHINGTON — The Supreme Court on Wednesday appeared deeply skeptical about the constitutionality of a federal law that denies protection to disparaging trademarks.
Cooper points to early opinions Thomas wrote targeting the constitutionality of the bureaucracy that is commonly referred to as the administrative state.
Opening arguments in a lawsuit challenging the constitutionality of the ACA are set to begin in federal court in Texas on Wednesday.
Mr. Tierney, a Democrat, said state lawyers were "researching the constitutionality" of the order before settling on a public course of action.
Conservatives argued for that discretion in a 2016 case that reached the Supreme Court, but its constitutionality has yet to be decided.
For the most part, the amici backing the Justice Department's defense of the TCPA's constitutionality offer paeans to the anti-robocalling law.
Some experts have questioned the constitutionality of provisions in the bill governing the role of provinces because it proposes pooling health funds centrally.
Last February, the Supreme Court heard arguments against its constitutionality, then decided in June to decline to re-examine Article 377's validity.
Republicans also consider the mandate an affront to personal liberty — it was the foundation of the 2012 Supreme Court case challenging Obamacare's constitutionality.
He was among the four dissenters in 2012 who voted against the constitutionality of ObamaCare in National Federation of Independent Business v. Sebelius.
ET on Saturday night that deportation of those detained would cause them "irreparable harm" but did not address the constitutionality of Trump's order.
I think, now, in this third iteration of the executive order, I think there are some legitimate arguments about the constitutionality of it.
Informed consent requirements have been the subject of scores of lawsuits, but activists don't expect a definitive ruling on their constitutionality anytime soon.
Windsor had challenged the constitutionality of the Defense of Marriage Act armed only with her own personal love story — and she had won.
The justices already have agreed to hear the government's appeal of the challenges to the legality and constitutionality of the executive order itself.
With regard to the discriminatory abortion ban, the justices wrote that they did not take a position on the constitutionality of the regulation.
Twice as long as the first order, the revision was crafted with the hope of withstanding further litigation concerning its legality and constitutionality.
Hadrwick upheld the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults, specifically, between homosexual adults.
The constitutionality of over $6 billion of Puerto Rico's GO bonds is being challenged by the bankrupt U.S. commonwealth's federally created oversight board.
Opponents of the bill and LGTB advocates had warned lawmakers ahead of the vote that the legislation could trigger lawsuits challenging its constitutionality.
Because the Supreme Court has agreed to consider the question of constitutionality directly, it could go even further than the Fifth Circuit has.
Walker repeatedly promised to shield insurance coverage for those residents of his state, despite his government's support for a lawsuit challenging Obamacare's constitutionality.
The Constitutional Council, France's highest court, will determine the constitutionality of the website law within the next three months, Reuters reported this week.
The split decision means there is "ongoing doubt about the constitutionality of its forcible collection of millions of dollars in dues," Pell added.
The Warren and Sanders plans run headlong into more than two centuries of precedent that cast doubt on the constitutionality of wealth taxation.
But with bias and error endemic to the death penalty in this country, how can the Supreme Court continue to uphold its constitutionality?
He claims his sentence should be paused while a court of appeals considers the constitutionality of Robert Mueller's appointment in a separate case.
Speaking of that ObamaCare case... The Republican lawsuit challenging ObamaCare's constitutionality will have arguments in a federal district court in Texas on Wednesday.
Lawyers say there are questions about the constitutionality of the law pertaining to its vagueness and the First Amendment right to free speech.
Holder's experience in overseeing the event will be crucial to Trump as the court upholds the constitutionality of doing the same to millions.
Those subpoena powers have not been used in years after a 2010 court decision that cast doubt on the constitutionality of the power.
Also on Monday, the Supreme Court denied a number of other appeals that had also challenged the constitutionality of the patent review process.
"Judge Kavanaugh has argued that the Supreme Court should question the constitutionality of the Affordable Care Act," Schumer said on the Senate floor.
Conservative lawyers have been muttering about the constitutionality of the Consumer Financial Protection Bureau for years, but their best argument is pretty novel.
The Court said that she was not, and cited a series of precedents in which courts had upheld the constitutionality of school segregation.
The critique came as a rebuttal of a Wall Street Journal op-ed by conservative scholar Steven Calabresi, disputing the special counsel's constitutionality.
Sri Lanka's top court stayed the dissolution order pending a hearing on its constitutionality that starts on Tuesday, allowing parliament to resume meeting.
In a recent statement questioning the constitutionality of civil forfeiture, Justice Clarence Thomas reminded readers of the terrible systemic abuses in Tenaha, Texas.
It can expect a backlash from leading employers, a potential cut in federal education funding and lawsuits challenging the constitutionality of the law.
The government's view of the All Writs Act is so expansive as to cast doubt on its constitutionality if adopted, Judge Orenstein wrote.
Regardless of the constitutionality of this, it directly targets the right to an American identity that many first-generation Americans like myself claim.
This is a somewhat controversial claim, and judges have reached divergent conclusions about the constitutionality of the federal law Sessions is relying on.
One proposal would allow the state legislature to hire its own lawyers to defend the constitutionality of laws without the attorney general's participation.
But more than just the overburdening and costly regulations that the CFPB created, Kavanaugh has continued to question the constitutionality of the CFPB.
President John Tyler, who had been elected as a Whig, signed the bill — but added a statement expressing doubts about the bill's constitutionality.
It's not easy to read the tea leaves here because the cases didn't pose a direct challenge to the constitutionality of abortion restrictions.
Technically, the case revolves around the constitutionality of a Louisiana abortion restriction that requires providers to have "admitting privileges" at a nearby hospital.
During the en banc proceeding, President Trump appointed an acting FHFA director who instructed the agency's lawyers not to defend the agency's constitutionality.
In a sweeping 46-page dissent last year, he urged the court to take a fresh look at the constitutionality of the punishment.
Conway is a frequent critic of Trump and has paired up with Katyal in the past to question the constitutionality of Trump's actions.
Since neither of the actual parties would do so, the Supreme Court tapped prominent appellate lawyer Paul Clement to defend the agency's constitutionality.
The Supreme Court is weighing the constitutionality of nonunanimous verdicts, and is expected to hand down a decision as early as this month.
Bret Stephens: I agree with you in questioning the necessity for — and with your readers in doubting the constitutionality of — that congressional chaplaincy.
Within moments of this announcement, critics were quick to bash the decision, citing concerns over its constitutionality and its effect on immigrant communities.
Dale Righter questioned the bill's constitutionality and called it "an embarrassing waste of the Senate's time" on Thursday, the Capitol News Illinois reported.
January 211 - Washington state's attorney general files a lawsuit in federal court, challenging the constitutionality of key provisions of Trump's immigration executive order.
China added fuel, signalling on Tuesday that Hong Kong courts lack power to rule on the constitutionality of legislation under its Basic Law.
The agency's constitutionality was later upheld in an banc rehearing of the case, meaning it was decided by all the circuit court's judges.
Fourteen state Attorneys General, 235 of them Republicans, filed suit challenging the constitutionality of the mandate requiring individuals to buy health care coverage.
He has surprised, and disappointed, conservatives on occasion, most notably when he voted to uphold the constitutionality of Mr. Obama's health care program.
Piper, examines the constitutionality of Minnesota's policy of detaining sex offenders forever — not for what they've done, but for what they might do.
Why it matters: The suit challenges the constitutionality of a recently passed law that codifies stricter requirements to classify workers as independent contractors.
On Wednesday, the full circuit court issued a ruling that vacated the earlier decision and upheld the constitutionality of the consumer bureau's structure.
The Supreme Court, in 2012, narrowly upheld the constitutionality of the individual mandate, calling it a permissible exercise of Congress's power to tax.
RD Legal Funding case in a federal court in Manhattan — and ultimately put the issue of the constitutionality of the CFPB in its hands.
The Justice Department decided not to defend Obamacare in court against a Republican-led lawsuit from 20 states challenging the health-care law's constitutionality.
The Justice Department has declined to defend the health care law in court against a suit from 20 GOP-led states challenging Obamacare's constitutionality.
United States, the case debating the constitutionality of ordering Japanese Americans into camps, the Supreme Court was split on what to call the facilities.
An earlier version of the California law had been vetoed by Newsom's predecessor as governor, Democrat Jerry Brown, who expressed concerns over its constitutionality.
Nixon, the Supreme Court not only recognized the constitutionality of executive privilege, but the occasional need for secrecy to the operation of the presidency.
The U.S. judicial system will ultimately block a court ruling that questioned the constitutionality of Obamacare, Centene CEO Michael Neidorff told CNBC on Thursday.
Now the US Supreme Court is expected to rule on the constitutionality of the Texas law, which requires clinics to install hospital-grade facilities.
Hellerstedt this spring, which is directly related to the constitutionality of some of those restrictions, the nine justices may decide to reaffirm Roe v.
If Schumer can correctly read Kavanaugh's opinion, then he must believe that Kavanaugh opposes the policy of national health care, rather than its constitutionality.
At first triggering protests at airports around the country, the move has now prompted an array of federal lawsuits challenging its constitutionality and enforcement.
It wasn't until federal appeals courts disagreed on the constitutionality of states' same-sex marriage bans that the Supreme Court decided to step in.
Although the US Supreme Court lifted an injunction that let the ban take effect, the high court did not rule on the ban's constitutionality.
President Donald Trump reignited the fight over Obamacare last month when his administration decided to support a lawsuit challenging the Affordable Care Act's constitutionality.
A bipartisan House Oversight report is questioning the transparency and constitutionality of law enforcement's use of controversial cellphone trackers and calling for new rules.
Adelman said the plaintiffs suing over the identification law were "very likely to succeed" in challenging the law's constitutionality as the court case continues.
The judge, whom President Barack Obama appointed to district court in 2013, didn't make a ruling on the constitutionality of the executive order itself.
Beyond the details of the injunction, the Supreme Court's ruling was a landmark one as the first court decision to uphold the councils' constitutionality.
Both Congress and the Supreme Court had affirmed the constitutionality of the bank, which played a pivotal role in installing a stable national currency.
More recently, the U.S. Supreme Court upheld the congressional maps in North Carolina and Maryland, declining to opine on the constitutionality of partisan gerrymandering.
Monday's ruling makes it more likely that state and local governments will challenge Section 1373's constitutionality, setting up another potential Supreme Court clash.
In a sweeping 46-page dissent last June, he urged the court to take a fresh look at the constitutionality of the death penalty.
The Alabama Supreme Court also issued a certificate of judgment listing its 2015 orders in which it upheld the constitutionality of Alabama's marriage laws.
Thus, Mueller might do well to avoid a lengthy legal battle over the constitutionality of his prosecutorial authority, and strike a deal with Trump.
He also filed a lawsuit against Maine's Secretary of State Matt Dunlap in federal court in Bangor, Maine, challenging the constitutionality of the process.
Last week, the Washington Supreme Court heard arguments about the constitutionality of two radical Seattle housing laws that handcuff landlords in selecting their tenants.
Although these cameras are a revenue boon for governments across the nation, their intrusion into daily life is disturbing, and their constitutionality is dubious.
The state, the first to develop the lethal injection protocol, faced a legal challenge on the constitutionality of its methods after a botched execution.
From Atlanta, Yates instructed Justice lawyers to address any procedural issues, but to refrain from taking any position on the constitutionality of the order.
Earlier this summer the Court partially removed a stay on the ban, allowing it to go into effect while the courts weighed its constitutionality.
A Supreme Court appeal on the suspension may follow, but a final ruling on the constitutionality of the ban itself is likely months away.
Defending themselves against the charges, my father, along with Gordon Hirabayashi and Minoru Yasui, all United States citizens, challenged the constitutionality of the orders.
"The Constitutional Tribunal was turned from a guarantor of the constitutionality of laws into a hapless bystander within a few weeks," the report said.
"The constitutionality of campaign finance laws should not turn on whether we can fit an argument about influence into the anticorruption box," writes Hasen.
Some question both the constitutionality of the proposal and whether it would actually raise the $2.75 trillion over 10 years that her campaign projects.
As the Trump administration continues to work on the draft order, experts say its dubious constitutionality is just the tip of the legal iceberg.
In Gray's case, the Virginia Department of Corrections used midazolam, a drug at the center of the heated debate over the death penalty's constitutionality.
In light of that consensus, Mr. Francisco suggested that the justices "may wish to appoint" a lawyer to defend the constitutionality of the law.
On Friday, the U.S. Supreme Court announced it would consider the constitutionality of one particularly unaccountable federal agency: the Consumer Financial Protection Bureau (CFPB).
In other words, Clement's brief argued, the Seila CID will not live or die based on the constitutionality of the clause appointing the director.
The same day, the nonprofit Center for Reproductive Rights filed a lawsuit challenging the constitutionality of the law, which had gone into effect immediately.
In 22005, Justice Arthur Goldberg tasked him to help build an argument against what had, until then, gone unquestioned: the constitutionality of capital punishment.
In the wake of that failed attempt, Republican states challenged the law's constitutionality in court, an effort encouraged and aided by the Trump administration.
The case questions the constitutionality of a Louisiana state law that requires doctors who perform abortions to have admission privileges at a nearby hospital.
The Council on American-Islamic Relations' (CAIR) suit questions the constitutionality of the controversial executive order signed last Friday that affects immigration and refugees.
The court announced on Tuesday that it would issue a decision on the constitutionality of the law, known as the Italicum, on Jan. 24.
If those branches could sit in final judgment on the constitutionality of their own actions, however, the Constitution would be rendered worse than meaningless.
More than 55 Texas and national business groups filed a lawsuit against the Labor Department on Tuesday, challenging the constitutionality of its overtime rule.
However, according to China's top legislature, Hong Kong courts have no power to rule on the constitutionality of legislation under the city's Basic Law.
Ten years later, he argued a case that led to a Supreme Court decision establishing the constitutionality of racially mixed sexual relations and cohabitation.
Judge Oetken, however, threw in his lot with two San Francisco federal judges who have also upheld the TCPA's constitutionality after the 2015 amendment.
The Trump administration and Consumer Financial Protection Bureau (CFPB) on Tuesday asked the Supreme Court to take up a lawsuit challenging the agency's constitutionality.
Even the Justice Department and the CFPB have tacitly admitted that their position on the bureau's constitutionality is going to complicate the CFPB's mission.
Three judges — Carolyn Dineen King, Jennifer Walker Elrod and Kurt D. Engelhardt — heard oral arguments over the constitutionality of the health law in July.
Update: This article has been updated to include letters from legal experts that Warren's Senate office released regarding the constitutionality of the wealth tax.
In a 2012 dispute over the constitutionality of the Affordable Care Act, Roberts saved the Obama-sponsored health care overhaul from being struck down.
" Senator Susan Collins of Maine said such a declaration was "of dubious constitutionality," while Senator Marco Rubio of Florida called it "a bad idea.
Her suit is a direct challenge to the constitutionality of one of the clauses of the ADA, which explicitly excludes transgender people from protection.
This could lead to another Supreme Court showdown for Obamacare, which has already twice had its constitutionality ruled upon by the nation's top court.
If courts can look into this particular President's prior statements when considering the constitutionality of his actions, then every single executive action is potentially vulnerable.
Multiple sections of the bill are expected to face a legal challenge from a tribunal that rules on the constitutionality of pending legislation, lawyers say.
During the 2015 arguments over the constitutionality of sentencing law, he jumped into the give-and-take nearly 50 times in the hour-long session.
The Affordable Care Act once again faces legal hurdles after President Donald Trump and his administration supported a lawsuit questioning the health-care law's constitutionality.
He and his now-husband were two of the four plaintiffs in the first lawsuit challenging the constitutionality of California's ban on same-sex marriages.
The tapes were recorded by US District Judge Vaughn Walker, who oversaw the case over the constitutionality of the 2008 amendment but has since retired.
Democrats grilled Kavanaugh on topics including the constitutionality of abortion, the possibility of indicting a sitting president and the limits of a president's pardon power.
But curiously, in 2015, Chief Justice Roberts wrote a strong dissent in a case narrowly upholding the constitutionality of just such a commission in Arizona.
Indeed, even before Sessions's announcement, San Francisco had already filed a lawsuit against the Trump administration to attack the constitutionality of (as yet hypothetical) defunding.
In May, the top Democrat on the Senate committee overseeing pensions asked the U.S. Office of Government Ethics to assess the constitutionality of the payments.
Kavanaugh has been skeptical of the ACA and its individual mandate in the past and wrote dissents in two cases that challenged the law's constitutionality.
The U.S. Supreme Court on Monday declined to review the cases of three death row inmates challenging the constitutionality of Alabama's death penalty sentencing laws.
The constitutionality of the bill Barca said the effort behind the bill is to suppress free speech, which he said would make the legislation unconstitutional.
Jim Watson/AFP via Getty News Images The Supreme Court has, in previous rulings, articulated standards for judging the constitutionality of abortion restrictions like these.
The GOP lawmakers "are not voting on constitutionality or precedent, they are voting on desperately needed Border Security & the Wall," Trump asserted in a tweet.
Those rulings are only the first step in the expected legal fight that will challenge the constitutionality of the Executive Order in and of itself.
Poliquin didn't concede after the results were announced, instead saying he will continue his legal challenge of the constitutionality of Maine's ranked-choice voting system.
This issue, along with Clean Water Act and the constitutionality of the Endangered Species Act, could come before the court in the next few years.
The fight over the congressional seat could drag on for months, as the state board of elections faces its own questions about the board's constitutionality.
The Philippines Congress granted Duterte's request in July to extend the emergency measure until the end of the year, despite questions over the move's constitutionality.
After 40 years during which the constitutionality of affirmative action hung by a narrow thread, Justice Ginsburg's perspective has persuaded a majority of the court.
President Reagan's justice department thought it was improper to defend the constitutionality of certain provisions of the Banker Amendments and Federal Judgeship Act of 1984.
And now, 17 Democratic Attorneys General are looking to intervene in the legal battle between the CFPB and PHH over the constitutionality of the entity.
In terms of the constitutionality of her plan, the Sixteenth Amendment states that the federal government can only collect taxes on the income of citizens.
Another group of 2202 states and the District of Columbia sought to intervene in a case weighing the constitutionality of the Consumer Financial Protection Bureau.
The executive order sparked a flurry of lawsuits challenging the ban's constitutionality and was temporarily stopped nationwide by a Bush-appointed federal judge on Friday.
Valeo, the Supreme Court issued a mixed ruling on the law's constitutionality that set the tempo for the next 20093 years of anti-corruption struggles.
NEW YORK GOVERNOR ANDREW CUOMO SAYING TODAY THE STATE MAY CHALLENGE THE CONSTITUTIONALITY OF THE LAW AND MAY ALSO RESTRUCTURE THE STATE'S OWN TAX CODE.
The law is of dubious constitutionality, but it has never been tested by the courts, because Presidents have used emergency powers in relatively uncontroversial ways.
There used to be a debate over the constitutionality of the old independent counsel law, but Congress let that die more than a decade ago.
As Wizner points out in his statement, the ACLU has defended the constitutionality of boycotts long before Shakir even started at the organization in 2017.
In July 2016 after the current budget was approved, Snyder asked the state Supreme Court for an opinion on the constitutionality of the spending plan.
The decision puts an end to the legal disputes over the constitutionality of Trump's travel ban, but the ethics of the policy remain highly debatable.
New York and 16 other blue states filed a lawsuit in April challenging the constitutionality of the question, arguing it will lead to skewed numbers.
When the Supreme Court took up the constitutionality of lethal injection in 2008, Mr. Kaine suspended executions until the court ruled to allow the procedure.
In recent weeks, local and national immigrant advocacy groups have been working with prospective plaintiffs to challenge the constitutionality of the Louisiana law in court.
But, she added, the decision "hinged on the judge's interpretation of the constitutionality of specific provisions" of the federal law that established the consumer bureau.
The question was whether a defendant who pleads guilty can then proceed to challenge the constitutionality of the statute that he has just admitted violating.
Third, the Supreme Court narrowly upholds the law's constitutionality, perhaps with Chief Justice John Roberts casting the fifth vote to save it on narrow grounds.
CFPB, challenges the constitutionality of the Consumer Finance Protection Bureau, the independent agency charged with protecting U.S. consumers from predatory lenders and abusive debt collectors.
As a result, the justices took West Virginia's constitutionality as a given, perhaps unaware of the extent of the disputes that led to its creation.
The San Francisco-based 9th Circuit U.S. Court of Appeals is debating whether to reinstate Trump's travel ban while lawsuits challenging the order's constitutionality proceed.
But the judge stopped short of letting those new arrivals into the country or issuing a broader ruling on the constitutionality of Mr. Trump's actions.
On Friday, state attorneys general and plaintiffs weighed in on whether the Supreme Court should expedite its latest review of the Affordable Care Act's constitutionality.
But what is not in dispute is the ability of the judiciary to determine their constitutionality, free from control by the executive branch of government.
Who is right about the constitutionality of the presidential decisions to create and then destroy the Deferred Action for Childhood Arrivals program — Trump or Obama?
Buckley, which considered the constitutionality of the Federal Election Campaign Act of 85033, has immeasurably impacted how we choose our leaders and discuss public affairs.
As I explain in my book, The Original Constitution, the founders intended for judges to review laws for constitutionality, but they envisioned very different methods.
It was during an election year, 2012, that the Supreme Court first took up the constitutionality of the law President Barack Obama signed in 2010.
The CFPB's new posture on its constitutionality places the bureau under a cloud of doubt that will linger until the Supreme Court resolves the question.
It's a good bet that if the Supreme Court takes up the CFPB constitutionality issue, you will hear a lot more about Judge Preska's ruling.
Last year, President Jacob Zuma sent it back to parliament over concern about its constitutionality and its allowing searches without having a court-approved warrant.
Though the D.C. Circuit Court of Appeal is weighing the constitutionality of the CFPB, he said his group could have a constitutional claim as well.
This is not the place to discuss the constitutionality of the War Powers Act of 1973, or the president's legal obligation to secure an AUMF.
While the Justice Department would continue to enforce the Defense of Marriage Act's provisions, it would no longer defend challenges to its constitutionality in court.
The argument wasn't really taken that seriously at the time — besides, most observers were laser-focused on the companion challenge to the individual mandate's constitutionality.
Matt Bevin signed with an "emergency" declaration to make it take effect immediately, for 14 days until he can hold a hearing on its constitutionality.
The Supreme Court would be in a better position to consider the constitutionality of Arizona's sentencing system, he wrote, after a more rigorous empirical inquiry.
In recent years, the movement against triple talaq has picked up and India's Supreme Court is due to begin ruling on its constitutionality later this month.
Last year it reaffirmed a 2008 decision that an inmate seeking to raise questions about the constitutionality of a method of execution must do two things.
But it should have pushed further to question both the legality and constitutionality of sex-segregated bathrooms in schools, and federally funded educational programs more broadly.
All of these factors make universalizing a limit on behind-the-wheel weed intake nearly nonsensical, calling into question the constitutionality of existing DUI weed laws.
More than 200 Democrats in Congress sued Trump in 2017 for depriving them of the ability to review his business portfolio and vote on its constitutionality.
The administration is siding with Texas and a coalition of Republican-led states that are challenging the constitutionality of the Affordable Care Act in federal court.
"We are not asking you that you rebel, brother, let alone a call to rebellion," Guaidó said, leaning on the constitutionality of the National Assembly's actions.
"Whatever one thinks of DOJ's motivations in California lawsuits, concern for constitutionality of state-level climate agreements has been brewing for quite some time," he said.
Since his defeat, Poliquin has been looking for ways to contest the results, from challenging the new system's constitutionality in federal court to demanding a recount.
The case deals with the constitutionality of the CFPB's single-director structure and Dodd-Frank's provisions that the agency's director can only be terminated with cause.
While he expressed concern over the constitutionality of previous versions of the Heartbeat Bill, Kasich has voted against late-term abortions and supports defunding Planned Parenthood.
U.S. District Judge Kevin Castel in Manhattan also upheld the constitutionality of a New York City Board of Elections policy barring photography at city polling places.
The lawsuit is targeting the constitutionality of accompanying gag orders that prevent tech companies from notifying their users that the federal government is investigating their data.
But the key thing to know is this: Without Scalia, its very hard to see a world where the Supreme Court affirms the Texas law's constitutionality.
As a member of Congress, I have been involved in three federal court cases that challenged the constitutionality of presidential decisions on national security: Campbell v.
Critics cited the privacy rights of people in police custody and questioned the constitutionality of allowing the state to gather DNA samples without evidence of guilt.
Kavanaugh expressed a desire to "put the final nail" in the coffin of a landmark Supreme Court ruling establishing the constitutionality of a special counsel investigation.
Newly elected Wisconsin Attorney General Josh Kaul, a Democrat, has pledged to withdraw from the 20-state lawsuit challenging the constitutionality of the Affordable Care Act.
Part of Trump's reasoning behind ending the program stemmed from threats made by Paxton and nine other state attorneys general to challenge DACA's constitutionality in court.
But the scathing reviews of his most important Supreme Court argument, in the 2012 case challenging the constitutionality of President Obama's health care law, still sting.
Grassley himself has said he has his own concerns about the bill's constitutionality, but that his amendment was intended as a supplement to improve the bill.
The lower court rulings came in two cases, which have been consolidated in the federal district court in Manhattan, challenging the constitutionality of the citizenship question.
Passage of a federal ERA could test the constitutionality of the male-only registration requirement of the Military Selective Services Act if Congress does not act.
When Louis Martinet formed his Citizens' Committee to Test the Constitutionality of the Separate Car Law, he wrote to Frederick Douglass and asked for his support.
For instance, it is virtually certain that the court will decide on the constitutionality of the Consumer Financial Protection Bureau, legal and policy experts told CNBC.
Claims by Aurelius and Monarch in a lawsuit filed in federal court in 2016 challenging COFINA's constitutionality will also be dropped, under terms of the agreement.
A group of ten Republican state attorney generals has threatened to file a federal lawsuit over the constitutionality of the program if Trump does not act.
Facebook is not alone in challenging gag orders: Microsoft has challenged the constitutionality of the government's practice of seeking gag orders, saying it receives thousands annually.
Hellerstedt, to determine the constitutionality of a Texas law that has shut down women's reproductive health-care providers by imposing unnecessary and unattainable standards on them.
The Supreme Court on Thursday sided with the state of Montana in a case challenging the constitutionality of long delays between a criminal's conviction and sentencing.
A few conservative Christian groups filed a single amicus curiae brief supporting the legislation's constitutionality, compared with the dozens that filed briefs in Masterpiece and Becerra.
The complaint, filed in Federal District Court in Manhattan, has two parts: a lawsuit challenging the constitutionality of Discovery and a motion for a preliminary injunction.
And the court responded by desegregating public schools, upholding the constitutionality of the Voting Rights Act and legalizing interracial marriage, to name a few landmark decisions.
At the request of Democratic-controlled states, the court will hear arguments responding to a lower court decision that challenged the constitutionality of the 22020 law.
References to Chevron appear in the various opinions issued by the court on Wednesday, with Gorsuch saying there were "serious questions" about Chevron's legality and constitutionality.
It has been tried, and debunked by experience, repeatedly around the world, inherently plagued by issues of tax avoidance, asset valuation and, in this country, constitutionality.
And while Roberts has angered conservatives on occasion, particularly with his decision upholding the constitutionality of the Affordable Care Act (Obamacare), he is generally quite conservative.
As the movement to overhaul cash bail has challenged the constitutionality of jailing these defendants, judges and sheriffs have turned to monitors as an appealing substitute.
The CFPB's press office did not respond to my questions about how the bureau's new position on the constitutionality of its structure will affect its mission.
Trump's tweets as president would not get the same First Amendment protections that a private citizen's tweets would if their constitutionality were ever decided in court.
Judge Kavanaugh dissented from a majority ruling on whether his court had the jurisdiction to hear a case on the constitutionality of the Affordable Care Act.
India's traditionally liberal-minded Supreme Court has agreed to hear more than four dozen challenges to the constitutionality of the law granting exemptions to certain religions.
Checking the judicial branch One of the Supreme Court's advantage is judicial review, the power to make a final decision on the constitutionality of congressional laws.
As the Los Angeles Times reports, California alone has already sued the Trump administration at least 38 times including over the constitutionality of the travel ban.
His pro-business approach is highlighted in a number of rulings, including one opinion in which he questioned the constitutionality of the Consumer Financial Protection Bureau.
Those laws could be changed by an act of Congress, but would still need to survive a court challenge to their constitutionality if flag burning were included.
Although the cases dealt with laws in Kentucky, Michigan, Ohio, and Tennessee specifically, the court's decision encompassed the constitutionality of same-sex marriage bans across the nation.
It also comes as two justices, Stephen Breyer and Ruth Bader Ginsburg, have argued the court should take another look at the constitutionality of the death penalty.
Hours after Trump signed the executive orders, the Council on American-Islamic Relations (CAIR) announced it will mount a federal lawsuit challenging the constitutionality of the order.
While a number of lawsuits have been filed over Trump's action, the Washington state lawsuit was the first to test the broad constitutionality of the executive order.
"The frame of 'Constitution crisis' makes you ask about legality or constitutionality and it pushes you to say that if it's legal, there's no crisis," Huq explains.
"Aside from the woman herself, the physician is uniquely qualified…to litigate the constitutionality of the State's interference with, or discrimination against" her abortion rights, he wrote.
The High Court decision comes as Kenyans await a potentially landmark ruling on the constitutionality of punishing same-sex intercourse with up to 14 years in prison.
He's also challenging the constitutionality of the Judicial Conduct and Disability Act, the federal law that lays out the authority of federal judges to mete out discipline.
The recusal decision comes even as litigation over the legality and constitutionality of Trump's decision to appoint Whitaker to the role of acting attorney general is ongoing.
There were some victims who challenged the constitutionality of the Truth and Reconciliation Commission on the basis that it deprived them of both criminal and civil retribution.
In March 2015, the American Civil Liberties Union filed a lawsuit challenging the constitutionality of a type of National Security Agency bulk monitoring known as "upstream" surveillance.
Across the immensely large Democratic field, the candidates are widely on the same page: They all lambasted the law's constitutionality and promised that it would be overturned.
" Sessions agreed that the executive branch has a "longstanding tradition of defending the constitutionality of duly enacted statutes if reasonable arguments can be made in their defense.
Whitford, a partisan gerrymandering case from Wisconsin, raising the possibility that it could rule on the constitutionality of political parties drawing state districts to their overwhelming advantage.
California Teachers Association, a case challenging the constitutionality of compulsory union dues that have been on the books in 28503 in states for more than 22019 years.
Court watchers have been expecting the justices to take up the constitutionality of the death penalty in light of a dissent by Justice Stephen Breyer last year.
The court's role is to determine the constitutionality of either branches actions, and in this case, the president's actions were well within the scope of executive authority.
" Elizabeth Wydra, president of the Constitutional Accountability Center, told CNN that Kagan's concurrence showed "the substantive battle over the constitutionality of partisan gerrymandering is far from over.
A decision on the law's constitutionality is pending in a federal appeals court, and the Trump administration has supported the case that seeks to overturn the law.
Pointing out that forty-six per cent of Ollie's' meat came from out of state, the Supreme Court upheld the act's constitutionality in a 9-0 ruling.
The strategy: Mr. Hawley is among a group of G.O.P. officials from 20 states who have brought a lawsuit challenging the constitutionality of the Affordable Care Act.
We also have it straight from the president's mouth that he intends to nominate a justice willing to reinterpret the constitutionality of our current health care system.
On the other side of the argument, Assistant Attorney General Randolph D. Moss wrote a memorandum opinion in 2000 analyzing the constitutionality of indicting a sitting president.
"Now that the individual mandate can no longer be preserved as a tax, the constitutionality of Obamacare must be determined," Texas Attorney General Ken Paxton said Monday.
The S.E.C. has also said that a separate legal challenge to the constitutionality of its administrative court, where it typically filed many of its cases, reduced enforcement.
The question now is whether they survive their next threat: a lawsuit challenging the constitutionality of Obamacare, once again, which has the support of the Trump administration.
During the battle over the constitutionality of California's ban on gay marriage, she appeared in an ad protesting the ban with silver duct tape over her mouth.
BRASILIA (Reuters) - Brazil's Prosecutor-General's Office on Friday questioned the constitutionality of President Michel Temer's proposed public spending cap and recommended that Congress shelve the austerity measures.
Lawyers for the inmates filed an immediate appeal, challenging not the constitutionality of their executions but instead arguing that the government's new lethal injections protocol is unlawful.
Ever since the U.S. Supreme Court upheld the constitutionality of the Hyde Amendment in 1980, the abortion rate in the United States has fallen almost every year.
The courts have made clear that the government cannot rush executions in order to evade judicial review of the legality and constitutionality of its new execution procedure.
"So we're looking now at a situation, it should absolutely not pass muster in terms of constitutionality, but it depends on what these justices do," he added.
Echoes of the same argument are being heard again as the Supreme Court once weighs the constitutionality of partisan gerrymandering — this time in the pivotal Gill v.
The first time, in August, Mr. Cuomo had urged legislators to amend the legislation to address his concerns about its constitutionality, particularly the separation of power rule.
In his brief remarks, however, Mueller appeared to endorse not just the DOJ policy, but also the OLC's interpretation of the Constitutionality of indicting a sitting president.
That decision has put the 34-year-old Miller in contempt of court, but it's also opened a pathway to attack the constitutionality of Mueller's entire investigation.
Immigration activists rally outside the U.S. Supreme Court as justices hear arguments in a challenge by 26 states over the constitutionality of President Barack Obama's executive action.
And as the Washington Post points out in a footnote of that 2009 piece, Kavanaugh even begins to touch on the constitutionality of indicting a sitting president.
Shenzhen (CNN Business)Huawei is pressing on with its lawsuit against the United States, challenging the constitutionality of a US law banning federal agencies from buying its products.
Akintewe said there have been "a lot of question marks" over issues such as the constitutionality of the move, which he said came at an "extremely bad" time.
"We are relieved that important questions surroundings the propriety and constitutionality of Mr. Madison's execution will be reviewed," Bryan Stevenson, an attorney for Madison, said in a statement.
Berman became an expert on the system at Harvard Law School in the early 1980s, when he wrote his thesis on the constitutionality of the delegate selection rules.
Senate Finance Committee Chairman Chuck Grassley doesn't believe a lawsuit challenging the Affordable Care Act's constitutionality will succeed, the Iowa Republican told the Des Moines Register on Thursday.
He dissented in a 2011 case that involved a challenge to the health care law but didn't target its constitutionality head-on — a position that actually irritated conservatives.
"The court's mission is to judge not the wisdom of the Virginia voter ID law, but rather its constitutionality," wrote U.S. District Judge Henry Hudson in his decision.
When the Supreme Court was asked to weigh in on the law's constitutionality in 2012, it held that this was a legitimate exercise of Congress's power to tax.
At the same time, however, the government's move is likely to reignite legal challenges to the specific protocol and reinvigorate a debate concerning the constitutionality of lethal injection.
The Justice Department on Friday, for example, backed a lawsuit challenging the constitutionality of the Consumer Financial Protection Bureau because the president can't fire its director at will.
But he had barely begun his argument about the constitutionality of FAA surveillance when Judge Carlos Bea, one of the three judges hearing the appeal, cut him off.
Senators from both parties introduced a pair of bills late last summer aimed at protecting Mr. Mueller, and the Judiciary Committee held a hearing to consider their constitutionality.
Trump also issued a signing statement along with the bill — legal written commentary from the president on how he views the legislation — which mostly attacks the bill's constitutionality.
The Carr case did not directly target the constitutionality of the death penalty, and those two justices, Ruth Bader Ginsburg and Stephen Breyer, joined Scalia's opinion in full.
Finally, the court gave the US government a January 31, 2017 deadline to prove the constitutionality of its program; the government asked for an extension to May 26.
However, a lawsuit by Republicans in the House of Representatives that began during the Obama administration challenged the constitutionality of the method by which the payments were made.
DAPA is currently suspended, after a 4-85033 Supreme Court stalemate reverted the case to a lower court in Texas that filed an injunction against the action's constitutionality.
The D.C. Circuit Court of Appeals upheld the CFPB's constitutionality in January, but the appeals courts for the 5th Circuit and 9th Circuit will soon hear similar cases.
I know that there are questions about its constitutionality and that several European nations tried a similar approach and found it unworkable (though four countries still have it).
His team would challenge the constitutionality of the conspiracy charge Concord faces and would attack the authority of the special counsel's office both "generally and specifically," he said.
In the years that followed, capital litigators brought multiple appeals to the justices that asked them to revisit the practice's constitutionality in hopes of triggering such a ruling.
The decision was the strongest reaffirmation of the constitutionality of a race-conscious approach in more than a decade, and should be the defining judgment on this issue.
Meanwhile, it took two rulings from the Supreme Court to verify the constitutionality of the original legislation, which even now remains a matter of debate on the right.
The American Legion points to the court's 2005 ruling upholding the constitutionality of a memorial of the Ten Commandments on the grounds of the Texas state capitol building.
Barr said in the 2001 interview he wanted the Bush Justice Department to attack the constitutionality of the FCA but was opposed by then-Solicitor General Kenneth Starr.
Trump himself made a final appeal to Republican senators on Thursday, tweeting about drug smuggling and human trafficking at the border and asserting the constitutionality of his action.
Hanen did not rule Wednesday and said he would hold off ruling on the constitutionality of DACA for now and consider only the request to immediately stop it.
In 1988, the Supreme Court upheld the constitutionality of the statute, in part because the attorney general technically retained the power to actually appoint and supervise these prosecutors.
In both cases, he refrained from making broad pronouncements about the constitutionality of the Affordable Care Act, said Wendy Parmet, a professor of health law at Northeastern University.
He has tried to educate the public on the distinction between judges confirmed to determine the constitutionality of policy rather than the wisdom of the underlying policy itself.
She lambasted him for participating in a lawsuit that challenges the constitutionality of the Affordable Care Act and would end its protections for those with pre-existing conditions.
Five prostitutes in France have joined with nine organizations in asking the country's highest legal authority, the State Council, to review the constitutionality of the anti-prostitution law.
The initial ruling halting the citizenship question in New York didn't address the issue of constitutionality, so it wasn't among the questions the Supreme Court initially took up.
Normally, the Supreme Court would have been able to take up the initial questions posed by the New York court this term, and the constitutionality question next term.
An earlier version of this Op-Ed misspelled, in one instance, the surname of the man challenging the constitutionality of a law requiring the registration of sex offenders.
While New York and other states challenge the constitutionality of the state and local tax deduction cap on constitutional grounds in federal court, their budgets are getting whipsawed.
Expansion was supposed to be mandatory, but conservative-led states challenged that provision, along with the rest of the law, in the 2012 lawsuit that determined Obamacare's constitutionality.
Senate Republicans haven't necessarily wanted to go up against Trump, especially on his signature campaign issue, but in this case, their concerns about constitutionality and precedent won out.
The 5th Circuit's ruling arguably creates a split in the federal circuits over the constitutionality of independent agencies headed by directors who can't be removed without good cause.
In the 10th Circuit Court of Appeals in Denver, Justice Department lawyers in late July asked judges to to delay a decision on the constitutionality of the mandate.
While the Supreme Court has not explicitly weighed in on the constitutionality of bans on firearm carriage, Congress may exercise its constitutional judgment to draw its own conclusion.
The suit challenged the constitutionality of the summons process and argued that the Police Department had pressured officers to issue sham summonses — an allegation that the city denied.
Tillis spokesman Daniel Keylin said some members have raised constitutionality concerns about the bills, and they currently do not have the support needed to move them through Congress.
But the court declined to weigh in on the broader constitutionality of the program — including whether subsequent searches of the database would violate the search-and-seizure law.
He wrote "8," a play based on the closing arguments over the constitutionality of a voter initiative in California in 2008 prohibiting the marriage of same-sex couples.
Tuesday's discussion frequently returned to a 1988 Supreme Court case that weighed the constitutionality of the now-expired independent counsel statute, put in place after the Watergate scandal.
The Democratic-led House of Representatives filed a brief late Monday night asking the Supreme Court to reject a challenge to the Consumer Financial Protection Bureau's (CFPB) constitutionality.
The resolution's constitutionality is questionable, and it is unlikely to receive a vote, but it drew attention to Republicans' argument that Democrats were acting out of political interest.
The Dames & Moore company, which was owed more than $3 million by the Iranian Atomic Energy Organization, challenged the constitutionality of the executive order on April 28, 1981.
The justices are scheduled to conference this Friday on a petition by the California debt resolution firm Seila Law, which is challenging the constitutionality of the CFPB's structure.
Mooppan told Hollander if Maryland wanted to defend the constitutionality of Obamacare, it could have joined other states that intervened in the Texas case to protect the law.
The highest profile circuit split in recent years arose when the Sixth Circuit disagreed with its sister circuits regarding the constitutionality of state bans against same-sex marriage.
So there is, in effect, a circuit split on the constitutionality of a federal bureau headed by a lone director who can only be removed for good cause.
"I would question the constitutionality of that type of law, but I'll cross that bridge when it actually comes to the Senate floor, if it does," Johnson said.
"You would constantly see judges dropping footnotes: 'I'm not really sure about the constitutionality of this practice, but nobody raised it,'" a former Justice Department official told me.
As I've reported, and as the new petition highlights, these agencies can't function robustly under a specter of uncertainty about their constitutionality and the appropriate remedy for it.
That question came up in the context of same-sex marriage, when President Obama declined to defend the constitutionality of the federal Defense of Marriage Act, or DOMA.
The 22015th Circuit reached precisely the same conclusion about both the constitutionality and severability of the government debt collection provision in its subsequent ruling in Duguid v. Facebook.
For a case about the constitutionality of a law regulating Internet pornography, Mr. Cruz watched X-rated sex scenes on a computer with Chief Justice Rehnquist and Justice O'Connor.
President Donald Trump's travel ban has inflicted "significant harm on American business, innovation and growth," technology companies said in a legal filing challenging the constitutionality of the executive order.
But a federal appeals court ruled Thursday that Trump's travel ban will remain blocked after an earlier court raised concerns about the constitutionality of the ban among other things.
Herrera accuses Trump of exceeding his authority, and his lawsuit challenges the constitutionality of the presidential order and requests a finding that San Francisco is complying with federal law.
But it makes it absolutely certain that the Supreme Court will ultimately have to take up the constitutionality of both DACA and the Trump administration's attempt to end it.
But a federal appeals court ruled Thursday that Trump's travel ban will remain blocked after an earlier court raised concerns about the constitutionality of the ban, among other things.
A federal judge on Wednesday once against rejected President Donald Trump's efforts to get a lawsuit challenging the constitutionality of his financial ties to his Washington, DC, hotel dismissed.
There is currently a case in the nation's high court challenging the constitutionality of those penal codes, which petitioners say are colonial holdovers that haven't been amended since 1967.
The ruling did not reach a final decision on the law's constitutionality; that is for another federal court to decide, in a trial scheduled to start in April 2020.
The filing comes more than two years after Justice Stephen Breyer, joined by Justice Ruth Bader Ginsburg, called for a wholesale review of the constitutionality of the death penalty.
At the same time, he never decided to join some of his more liberal colleagues in publicly questioning whether the constitutionality of the death penalty itself should be reconsidered.
Over Thanksgiving weekend — with no appeals court having ruled on the constitutionality of the policy — the Justice Department asked the Supreme Court to hear appeals in those three challenges.
The law will probably remain blocked until the spring of 2020, when the justices are likely to issue a full decision on its constitutionality following briefing and oral argument.
Olson was a case about the constitutionality of the 1978 Ethics in Government Act, which provided for the appointment of an independent counsel to investigate wrongdoing by government officials.
Trump reignited the fight over the Affordable Care Act, also known as Obamacare, when his administration put its weight behind a lawsuit challenging the law's constitutionality late last month.
Florida, the state supreme courts in Florida, Alabama, and Delaware, which all had similarly unusual sentencing structures, were asked to re-examine the constitutionality of their death penalty laws.
PHH recently won legal victories in its challenge of the constitutionality of the U.S. Consumer Financial Protection Bureau (CFPB), after the regulator fined the company over alleged illegal kickbacks.
Even though Trump's order will take effect, the legal battle is not over: The Supreme Court will consider the constitutionality of the travel ban during arguments scheduled for October.
Asking for 11th-hour emergency stays from a Supreme Court that is split down the middle on the legality and constitutionality of voting restrictions carries a whiff of desperation.
But it has not yet ruled on the constitutionality of partisan gerrymandering, which critics say subverts the will of voters by concentrating those of particular persuasions in certain districts.
The high court is also being asked to uphold the constitutionality of the Trump travel policy, which lower courts have blocked because, they say, it shows anti-Muslim prejudice.
This lawsuit could not only derail Puerto Rico's current debt restructuring attempts, but it could also call into question the constitutionality of its status as an "unincorporated" U.S. territory.
After several rulings upholding the constitutionality of the Voting Rights Act, in 2013 the Supreme Court gutted the heart of the Voting Rights Act in Shelby County v. Holder.
Jones, a case about the constitutionality of police attaching a GPS tracking device to the vehicle of a suspected drug dealer that made its way to the Supreme Court.
Civil forfeiture, or the act of seizing money or property suspected to be involved in criminal activity, is widespread at the federal level, despite concerns about the practice's constitutionality.
The case examines the constitutionality of a South Dakota statute that imposes an economic nexus standard to affix the right to impose sales tax collection requirements on remote sellers.
Kavanaugh has also raised questions about the constitutionality of independent counsels, raising more Democratic concerns that he could pose problems for special counsel Robert Mueller, who is investigating Trump.
Nonetheless, the Justice Department, representing the Trump Administration, had asked the Supreme Court to overturn a lower court's ruling and sign off on the constitutionality of the new question.
Lawyers for Dylann Roof, who is accused of a mass killing at Emanuel African Methodist Episcopal Church in 2015, submitted a motion challenging the constitutionality of the death penalty.
Lawmakers must question the constitutionality of an agency that compiles dossiers on journalists, interrogates them about their reporting, and searches their laptops and phones without oversight or probable cause.
"As you know, the Executive Branch has a longstanding tradition of defending the constitutionality of duly enacted statutes if reasonable arguments can be made in their defense," Sessions wrote.
A federal appeals court delayed evidence collection Thursday in a case regarding the constitutionality of revenue coming from the Trump International Hotel in Washington D.C. hotel, according to Politico.
Quinn, but the justices declined to answer the central question over agency fees' constitutionality, and instead ruled 5-4 that the petitioners in the case were not public employees.
Davis, involved the constitutionality of Test 21, developed by the federal government and used by the District of Columbia police force to assess people looking to become police officers.
Those letters, which buck the conventional wisdom regarding the constitutionality of a wealth tax, include ringing endorsements from noted scholars including former top lawyers in the Department of Justice.
The District of Columbia Circuit's decision to dismiss the case came after the court's full panel of judges upheld the constitutionality of the agency's structure in a separate case.
Wade, will determine the constitutionality of Texas's notorious omnibus anti-abortion bill HB240, which was passed in 0003 despite Texas Senator Wendy Davis's famous 2000-hour filibuster against it.
" — Senator Elizabeth Warren, Democrat of Massachusetts, in a radio interview on Tuesday "Judge Kavanaugh has argued that the Supreme Court should question the constitutionality of the Affordable Care Act.
In declining to hear an appeal on the law banning abortions sought for specific reasons, the court said it was expressing no views on the constitutionality of such laws.
The union has also filed a lawsuit challenging the constitutionality of the federal law that allows the government to require some employees to work without pay during a shutdown.
It was followed in March by a revised ban, which expired on Sunday even as the Supreme Court is set to hear arguments about its constitutionality on Oct. 10.
" Similarly, when asked about the statute's constitutionality, South Carolina Attorney General Alan Wilson's office said that "a court would likely conclude this provision unconstitutional as violative of Equal Protection.
The ruling, first reported by The New York Times, raises questions about the constitutionality of the practice, which was initiated in the wake of the September 11 terrorist attacks.
Wade, but Federalist Society types are now divided on many of the issues coming to the fore: criminal justice reform, executive power and the constitutionality of the administrative state.
"When the Fourteenth Amendment was ratified in 1868, every State limited marriage to one man and one woman, and no one doubted the constitutionality of doing so," he said.
The new bill focuses only on the transparency portion of that legislation, removing the constitutionality obstacle that prompted McConnell and other Republicans to object to the broader protection measure.
Legal experts have said for days that they thought Travel Ban 3.0 might -- down the road -- stop the justices from weighing in on the constitutionality of the travel ban.
The Constitutional Court of Romania adjudicates on matters of constitutionality, while the High Court of Cassation and Justice serves as the country's supreme court and court of last resort.
New Jersey has challenged the constitutionality of the Professional and Amateur Sports Protection Act (PAPSA), a federal law prohibiting states from legalizing and regulating sports betting within their borders.
City of New York centers on the constitutionality of a now-defunct ordinance in New York City that restricted residents' ability to carry their handguns out of the city.
"The courts have made clear that the government cannot rush executions in order to avoid judicial review of the legality and constitutionality of its new execution procedure," Nolan said.
As the solicitor general, Francisco has vigorously defended Trump administration policies and successfully defended the constitutionality of a version of the president's travel ban in front of the court.
Throughout American history, the Justice Department has assumed an ethical and legal responsibility to defend the constitutionality of federal statutes so long as reasonable grounds exist for doing so.
Because it aims to amplify rather than squelch speech, the general constitutionality of public financing has been reaffirmed by the US Supreme Court, even in the current deregulatory era.
That's not as authoritarian as it might sound: There are specific rules for who is allowed to challenge the constitutionality of a policy and when they can do it.
As part of the suit, several states are questioning the constitutionality of the ACA's protections for those with preexisting conditions, and they're doing so with the White House's backing.
This past June, Texas led a series of states to challenge the constitutionality of Obamacare's protections for those with preexisting conditions — and garnered the backing of the Trump administration.
They wrote the administration a letter asking them to end the DACA program — and threatening to file a federal lawsuit over the program's constitutionality if the administration failed to act.
"My office will continue to fight to uphold the constitutionality of the new law, which simply prevents fetal remains from being treated as medical waste," Paxton said in a statement.
"It's a horror story," Melissa Cook, 49, whose case about the constitutionality of California's surrogacy statute is scheduled to be conferenced by the U.S. Supreme Court next week, tells PEOPLE.
If the controversies of Trump's nascent presidency are any indication, the nation's federal courts will be busy attempting to resolve future legal disputes and the constitutionality of Trump's sweeping actions.
The constitutionality of Whitaker's appointment has sparked a fierce debate, but one thing is clear: Trump's decision is covered in legal and ethical red flags, legal experts told VICE News.
A Louisiana health clinic and physicians asked the justices to ensure that the new regulation not go into effect, and potentially shutter clinics, before a test of the law's constitutionality.
The court will soon have the opportunity to revisit the constitutionality of contribution limits, as it faces an appeal brought by Jim Bopp, the lawyer who is behind Citizens United.
Thursday's unanimous decision by the 9th US Circuit Court of Appeals is a matter of the constitutionality of a policy and not of a president's involvement in a criminal conspiracy.
Attorneys for the school argue the state law that California's government is using to regulate the facility infringes on its religious rights, and filed a lawsuit challenging the statute's constitutionality.
The survey was released a day before the Congressional Constitutional and Legal Affairs Committee (CCJ) is scheduled to vote on the constitutionality of the government's signature social security reform bill.
Several Republican senators raised concerns about the bill's constitutionality and the ability of Congress to shield a special prosecutor from being fired by the attorney general at the president's direction.
The Chinese hardware giant has filed a motion for summary judgement that calls into question the constitutionality of the section of the National Defense Authorization Act used to halt imports.
The Court blocked Trump's first attempted ban, and now a fresh three-judge panel will help determine the constitutionality of his executive order suspending visas from six Muslim-majority countries.
Muhtorov challenged the constitutionality of the warrantless surveillance program but Judge John Kane ruled in 2015 that the program may have potential for abuse but did not violate his rights.
Huawei said Wednesday night that it has filed a federal lawsuit against the U.S. government, challenging the constitutionality of a law that keep it from selling its telecommunications gear here.
Facebook has challenged the constitutionality of the TCPA in a trio of class actions in California federal court that accuse the social media site of sending consumers unwanted text messages.
Kennedy has cast the decisive vote on high-profile cases for more than a decade, upholding abortion rights, ensuring campus affirmative action, and declaring the constitutionality of same-sex marriage.
Beyond such dry but crucial procedural issues, the dueling parties disagree over how Congress' action zeroing out the tax penalty in 2017 may have transformed the constitutionality of the ACA.
The Buckeye State's go-to death penalty method relies on a three-drug protocol involving midazolam, the controversial drug at the center of a nationwide debate over capital punishment's constitutionality.
There have been plenty of cases in recent years involving foreign journalists, NASA scientists, and others having their phones taken by the CBP for surveillance, though the constitutionality is questionable.
The Republican had called into question the constitutionality of the ranked-choice voting process, which Maine's voters approved in a 2016 referendum and used for the first time this year.
Former New York City Mayor Michael Bloomberg, who may run as a Democrat, criticized Warren's proposal, questioning its constitutionality and saying the U.S. "shouldn't be embarrassed" by its capitalist system.
"The instability of not knowing whether you're going to be able to stay open because of the constitutionality of a law is devastating to a small independent clinic," Amiri said.
But if they stand firm on the constitutionality of the War Powers Resolution, this will prepare the way for a renewed effort to comply with its demands after the elections.
It may revisit these or other cases to try to settle the constitutionality of partisan gerrymandering, but in the meantime, gerrymandering remains a fact of political life in most states.
The Supreme Court on Monday refused to hear a case challenging the constitutionality of California's concealed carry laws, which give locally elected sheriffs discretion over issuing licenses for good cause.
When the court reversed the 11th Circuit's ruling in 2016, Justice Stephen Breyer suggested in a concurring opinion that the constitutionality of the death penalty itself ought to be reconsidered.
In addition, the state itself is wasting taxpayer money defending the constitutionality of the law against lawsuits brought by the American Civil Liberties Union and the federal Department of Justice.
Other provisions permit challenges to the constitutionality of the system and its implementing regulations, and claims that the written policies and procedures issued under it are in violation of law.
Acting Attorney General Matthew Whitaker signed the new rule Tuesday morning, according to the officials -- a notable move given the string of legal challenges surrounding the constitutionality of his appointment.
Thomas argues that the liberals, plus Kennedy, are manipulating the legal standards that the court has said it will use to evaluate the constitutionality of statutes and other government actions.
After the SEC launched the administrative proceeding, Tilton sued the agency in federal court in Manhattan to enjoin it, challenging the constitutionality of the SEC's appointment of in-house judges.
Despite objections from individual liberals over the years, a court majority has not wavered in its view of the constitutionality of the system that the Supreme Court reinstated in 1976.
But instead of ignoring Mueller's indictment, as many legal observers expected, Concord has pushed back, demanding access to Mueller's documents and challenging the constitutionality of the special counsel in court.
"Todd asked me what I thought about the constitutionality of the individual mandate," Barnett told me, referring to the part of the law that required individuals to buy health insurance.
Yet even some conservative commentators have contended that Judge Kavanaugh's dissent helped pave the path to upholding the health law or gave Congress "instructions on how to ensure" its constitutionality.
In the case before the justices, a challenge to the constitutionality of the consumer bureau's leadership structure, the court's conservative majority generally seemed open to setting limits on agencies' independence.
However, Brown's lawyer Sean Fagan successfully challenged the constitutionality of that law, consequently opening up the self-induced intoxication defence for more people accused of violent crimes in the province.
Her finding on the bureau's constitutionality was notable because it relied heavily on a dissenting opinion written by Judge Brett Kavanaugh, President Trump's nominee to the United States Supreme Court.
The Irish government says, however, that the constitutionality of the law could yet be contested by the drinks lobby in court, or by other member states of the European Union.
The administration has asked Judge O'Connor for "summary judgment" — in effect to rule immediately on the constitutionality of the individual mandate and other issues, instead of granting a preliminary injunction.
Jones evaluated the constitutionality of police investigators' placement of a GPS tracker on the Jeep of a suspected drug trafficker to monitor his movements for a month without a warrant.
The decision in some ways mirrors Roberts' 2012 opinion upholding the constitutionality of the Affordable Care Act, also known as Obamacare, while undermining it in another part of the decision.
Typically confirming Supreme Court justices, who hold lifetime appointments and have ultimate power over deciding the constitutionality of a wide range of laws, is considered to be a laborious process.
Hawaii, which would have determined the constitutionality of President Donald Trump's March 6 executive order that limited travel from six majority-Muslim countries: Iran, Libya, Somalia, Sudan, Syria, and Yemen.
Or an effort to establish that almost no abortion regulations (or literally no abortion regulations) create an undue burden — the standard now used to measure the constitutionality of abortion restrictions.
Now, a group of women's advocates is pushing to overturn the ban, and the country's Constitutional Court is set this year to review a case that challenges the law's constitutionality.
Roberts asked both Rikelman and Murrill, who argued for Louisiana as its solicitor general, whether the constitutionality of laws like Louisiana's should be decided on a state-by-state basis.
"The constitutionality of this approach has been tried and tested and affirmed by the United States Supreme Court," said Mr. Aden, who added that he anticipated "a big court fight."
Hawaii, a challenge to the legality and constitutionality of President Trump's travel ban, which indefinitely bars 150 million people, a vast majority of them Muslim, from entering the United States.
Depending on what the justices decide about the amendment's constitutionality – and about whether the provision can be severed from the rest of the TCPA – the entire statute could be invalidated.
Next in line may be claims addressing a variety of unfolding controversies, including the constitutionality of the travel ban, the rights of sanctuary jurisdictions and the rollback of environmental regulations.
The San Francisco-based 9th Circuit Court of Appeals is debating whether it should lift a temporary restraining order freezing Trump's travel ban while lawsuits challenging the order's constitutionality proceed.
In an interview with Axios published Tuesday, Trump said he would end birthright citizenship through an executive order, a move that would almost certainly draw legal challenges over its constitutionality.
It also allowed for a debate on the constitutionality of U.S. military involvement in the war against an indigenous Yemeni rebel group that has nothing to do with Al Qaeda.
Mr. Brown, for instance, said he was concerned about the constitutionality of the bill's other contentious provision, which would let state and local governments punish companies that boycott Israeli products.
It comes down to the rationale that Roberts used to justify the mandate's constitutionality — the rationale that actually led to all the confusion about his ruling in the first place.
On whether a sitting president can be indicted or the subject of a criminal investigation: I've never taken a position on the constitutionality of indicting or investigating a sitting president.
The US Supreme Court has repeatedly upheld the constitutionality of such bans when challenged by right-wing religious groups, but a new federal lawsuit challenging Illinois's statute was filed last Thursday.
Breyer is the court's most vocal death penalty critic, questioning its constitutionality and arguing that it is imposed arbitrarily and differently in various parts of the country, often with long delays.
He asked the court to declare the system unconstitutional and give the state legislature some direction on achieving constitutionality and a full legislative session to come up with a new system.
This small number of people being detained didn't stop attorneys filing lawsuits challenging the constitutionality of the executive order -- nor thousands of protesters shouting their frustration at airports across the country.
Mr Gorsuch also supports the constitutionality of capital punishment and, based on his 2006 book, "The Future of Assisted Suicide and Euthanasia", may prove to be no friend to abortion rights.
Bond insurer Assured Guaranty Corp is contesting the constitutionality of the federal board overseeing Puerto Rico's restructuring despite a recent opinion rejecting a similar challenge by hedge fund Aurelius Capital Management.
The concerns in question have less to do with hot-button social issues like abortion and LGBT rights and more to do with the constitutionality of economic regulation and redistributive programs.
Whatever the legal and political response, though, the electoral ramifications of the executive order and its constitutionality -- soon to be determined by the Commonwealth's Supreme Court -- could not be more important.
The Democratic Party said it would ask a top Italian court to rule on the constitutionality of the move, claiming there had been no time to debate the law in detail.
No city at this point has specific targets, but NGLCC says it is a best practice to set aspiration goals rather than official targets, which can lead to issues of constitutionality.
" But if the justices strike down California's law, she said, this case "has potential to clarify what the free speech rule should be in assessing the constitutionality of mandatory abortion counseling.
It's time to realize that this interference is more than just meddling: it goes to the very heart of federalism and raises urgent questions about the constitutionality of the accreditation system.
The Center for Biological Diversity is challenging the constitutionality of the Congressional Review Act (CRA), which Congress used to pass legislation that Trump signed repealing the Department of Interior's Refuges Rule.
On Wednesday the Supreme Court began hearing arguments for the case, the biggest abortion rights battle in decades with national implications about the constitutionality of similar laws passed in others states.
McCain pushed the landmark Bipartisan Campaign Reform Act through the Senate in 2628 and 28503, despite McConnell's opposition, and McConnell later became the lead plaintiff in the lawsuit challenging its constitutionality.
The more important issue in the Shelby County decision, then, is the contention by Roberts and the court's majority that the facts had changed and so, too, had the VRA's constitutionality.
These proposed administrative actions, and others that have provoked questions of legality, cronyism, controversy, and constitutionality, should be considered with strict scrutiny to identify the precedents set for presidents to come.
The 85033th District Court of Appeals will also hear a challenge to the CFPB's constitutionality, and a ruling against the bureau could prompt the Supreme Court to resolve the issue itself.
Chris Christie sat in the front row at the Supreme Court on Monday to hear a case challenging the constitutionality of a federal law that bans most states from sports betting.
Then in a nearly unheard of government twist, the Justice Department refused to support the constitutionality of the law in the court proceedings, presumably at the request of the Trump administration.
Yet just because past presidents have made such declarations, primarily to seize assets of countries around the world that have fallen out of U.S. favor, such precedents do not constitutionality make.
One involves the Trump administration's efforts to add a citizenship question to the 2020 census; the other two will give the justices another opportunity to weigh the constitutionality of partisan gerrymandering.
"I cannot imagine that I'm supposed to write an opinion — if it ends up in your favor — that knocks down the constitutionality" of how Congress can conduct investigations, Mehta told Consovoy.
For instance, the U.S. legal system grants prisoners the right—known as habeas corpus—to challenge the constitutionality of their imprisonment, including the trial and sentencing phrases that placed them there.
Payday lenders will challenge the authority of the Consumer Financial Protection Bureau to issue the rule, the cost-benefit analysis behind the rule and the constitutionality of the consumer agency itself.
" Asked how Lee would rule on the bureau's constitutionality as an associate justice of the Supreme Court, his communications director, Conn Carroll, told CNBC that the question was "far too presumptive.
Several soda manufacturers and retailers claimed they laid off dozens of workers, citing the tax's impact, though it remains in effect after the state Supreme Court upheld its constitutionality last year.
While serving as a Judge on the Court of Appeals for the District of Columbia Circuit, Kavanaugh was an outspoken critic of the CFPB's centralization of power and overall dubious constitutionality.
Idaho's attorney general has expressed concerns about the constitutionality of the bill, which also conflicts with policies adopted by the Idaho High School Activities Association and the National Collegiate Athletic Association.
Suppression hearings — which are held ahead of a trial and are often used to test the constitutionality of the police's conduct — are somewhat more common than trials, but are still rare.
The judge's most recent ruling "calls into doubt the constitutionality of conduct of public officials — from President George Washington to President Barack Obama — that has been accepted throughout history," it states.
The Court's conservatives aren't rebutting that possibility — they're just saying that they need a case that is explicitly about constitutionality to determine whether mandatory detention without bond is constitutional or not.
"Conservatives were so disappointed they had to stop and think, How did this happen?" says Barnett, who helped mount the challenge to the constitutionality of Obamacare by invoking the commerce clause.
The case, which attorneys argued in front of the court Wednesday, centers on the constitutionality of a Louisiana law that requires abortion providers to have admitting privileges at a nearby hospital.
Hong Kong (CNN Business)A US judge has rejected a lawsuit filed by Chinese tech company Huawei challenging the constitutionality of a law that banned federal agencies from buying its products.
The candidates spent part of their time onstage defending the constitutionality of their proposals and denouncing the idea that restrictions on gun ownership are an inherent violation of the Second Amendment.
Democrats responded with outrage last month after Kraninger filed a joint brief with the Justice Department urging the Supreme Court to take up a case challenging the constitutionality of the bureau.
"I hope the choice of voting tomorrow will throw, thrust away the military government and bring us back to constitutionality," Mugabe said from his mansion in the capital Harare on Sunday.
This legislation is different from the bill to protect the special counsel, which McConnell opposed in part because of concerns of constitutionality and fear the President would simply veto the measure.
It's running alongside a different case, brought by Democratic members of Congress, that similarly attacks Trump's ties to his businesses and the Constitutionality of payments governments make to the Trump Organization.
"We're grateful for the effort, but it's not enough to achieve constitutionality," he said, noting that the Kansas State Board of Education had proposed an $893 million, two-year funding increase.
The Fifth Circuit Court of Appeals will also hear a challenge to the CFPB's constitutionality, and a ruling against the bureau could prompt the Supreme Court to resolve the issue itself.
No one should be surprised that three Republic-appointed judges, including a Trump appointee, upheld the constitutionality of the obstruction law, and affirmed the defendant's felony conviction for derogatory Facebook posts.
That ruling was expected two weeks ago but, like another expected ruling from the tribunal on the constitutionality of the new court laws, it was postponed until after Mr. Trump's visit.
Law and Justice introduced the first changes soon after winning the 2015 election, stacking the Constitutional Tribunal, a top court in charge of reviewing the constitutionality of the law, with loyalists.
The supreme court may agree, partially agree or overrule arguments against the constitutionality of the law, Fux told journalists after the hearing ended, declining to specify a timeframe for a ruling.
"The courts have made clear that the government cannot rush executions in order to evade judicial review of the legality and constitutionality of the new execution procedure," said lawyer Shawn Nolan.
Just last month, the same CFPB lawyers who signed the new brief at the Supreme Court filed a brief at the 53nd Circuit that defends the constitutionality of the agency's structure.
Second, part and parcel of the Justice Department's obligation to defend the constitutionality of federal statutes is the obligation to defend as much of the statute as can reasonably be saved.
Health-care analyst Scott Fidel had a different take, saying Thursday it "feels, at this point, like the constitutionality of the ACA will be litigated for the rest of our lifetime."
In June, Texas led a series of states to challenge the constitutionality of the Affordable Care Act's protections for those with preexisting conditions, and garnered the backing of the Trump administration.

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