In this paper, we evaluate the justices' choices to invalidate a state or federal enactment on its face or as applied and find that the justices are responsive to congressional preferences concerning the substance of the legal challenge at both stages of judicial review. Other factors ...
While theAxondecision does not decide the merits of the constitutional challenge to the FTC’s structure, it expedites the determination of that challenge and others that may follow. A holding requiring parties to see the cost‒ and time‒intensive administrative process to resolution before brin...
The Part II Challenge There were two main issues under the broad Part II challenge to section 6A: first, whether the provision violates articles 6 and 7 of the Constitution; and secondly, whether article 11 confers on Parliament the overriding power to legislate on citizenship. Kant J while ta...
Or would the birth mother be the only person with standing to challenge the law? Such a law would be purely hypothetical in the U.S. (though not far from reality in some other parts of the world). But the actual current parentage laws in the United States, which confer legal parent ...
The Yukon government applied to have the challenge struck, claiming that Wright had no reasonable cause to sue. Although the short-notice eviction was rescinded, the judge ruled that Wright has a continuing interest in the case and that hearing it in court would be in the public’s interest...
Ninth Circuit Court of Appeals reversed in part, concluding that the Arizona Supreme Court had applied an unconstitutional "causal nexus" test and did not properly consider evidence of Spreitz's longstanding alcohol and substance abuse as non-statutory mitigation. The Ninth Circuit remanded the case...
The American challenge Jean Jacques Servan-Schreiber Jan 1968 ••• Jean-Jacques Servan-Schreiber (1924 – 2006) was a WWII fighter pilot, the founder of the French newsweekly L’Express, author of several bestsellers, and deputy and President of the regional council of Lorraine. He was...
Although Representative Jefferson lost his initial legal challenge, the appeals court subsequently held that the search violated the Speech or Debate Clause. The court ordered the district court to provide Representative Jefferson with copies of the seized materials and a chance to assert his privilege...
An advocacy groups isfilinga Fourth Amendment challenge against automatic license plate readers. “The City of Norfolk, Virginia, has installed a network of cameras that make it functionally impossible for people to drive anywhere without having their movements tracked, photographed, and stored in an...
Lennon—a musical genius, anti-war activist, and a high-profile example of the lengths to which the Deep State will go to persecute those who dare to challenge its authority—made clear that the only way to achieve an end to hunger, violence, war, and tyranny is to want it badly enough...