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 ...
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 ...
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...
All of this, and more, demonstrated a consistent reluctance by Johnson’s government to face challenge and oversight of its policy plans. Its preferred view seemed to be that the political executive knew best, while constitutional checks and balances largely got in the way. Consequently ...
However, the TCC agreed to consider a challenge to these amendments, brought forward by the opposition party CHP.[57] In its ruling, the TCC invalidated the amendments, citing a breach of the secular values integral to the 1982 Constitution.[58] The Court also stated that without convening a...
Such proactive measures may help prevent the inevitable under-enforcement of rights when individuals, Union institutions and even an occasional Member State are left to challenge rule-of-law deficiencies in court.Footnote 93 This proactive approach eliminates ambiguities that may arise when courts ...
as a guilty plea admits that the conduct violated the statute. The court also found that Pittman's as-applied constitutional challenge was forfeited because he did not timely raise it before the district court, and he failed to show plain error.The Fourth Circuit affirmed the district court's...
In this post, I seek to comprehensively analyse the majority opinion (authored by Kant J), and Chandrachud CJ’s concurrence, on mainly three sets of issues: the Part II challenge, Part III challenge, and article 355 challenge (along with some miscellaneous holdings). Citizenship under the ...
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...