That would impermissibly dictate the content of the company's speech.
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It wasn't until I played with putting it in the center that I came up with the idea of splitting it into NO and NO, not only creating impermissibly short entries, but also impermissibly identical entries.
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The commission "impermissibly intrudes on core law enforcement functions," Mr. Soares, a Democrat, added.
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The Commission's proposal performs a historical sleight of hand that impermissibly conflates this fundamental distinction.
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The suit says the agreements were "impermissibly vague" and prevented staffers from speaking out about workplace misconduct.
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Republicans have long complained that the FCC impermissibly uses its merger reviews to impose its policy goals.
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The result was that arrests dropped, and immigrants felt safer, but agents felt their hands were impermissibly tied.
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The court ruled 8-0 that the law impermissibly restricts lawful speech in violation of the First Amendment.
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The court said at the time that the state of Colorado was impermissibly hostile to the baker's religious beliefs.
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The administration is trying whatever it can to impermissibly prevent asylum seekers from claiming protection, including forcing families apart.
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On Friday, Germany's vehicle authority ordered the company to recall 60,000 SUVs with technology it said impermissibly reduced emission controls.
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"Secretary Williams impermissibly interfered with Mr. Baca's exercise of his right to vote as a presidential elector," the court said.
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In a brief filed supporting Cilek's group, the ACLU warned against allowing poll workers discretion to decide what is impermissibly political.
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"The district court's crediting his testimony impermissibly anchored the district court's own negative view of the plausibility of Palin's allegations," he wrote.
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Biggs, an appointee of President Barack Obama, said in her 26-page decision that the new policy "impermissibly conflicts" with immigration law.
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The details: The lawsuit, filed before the American Arbitration Association, argues that the language of the NDA is "impermissibly vague" and unlawful.
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"This presumption that the registered owner is the driver impermissibly shifts the burden of proof," Mr. Wright said in an emailed statement.
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Kelly and Nielsen are still closely allied within the administration; Kelly certainly doesn't seem to see Nielsen as impermissibly dovish on immigration.
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"Through the Mandatory Delay Law, the state impermissibly interferes with women's fundamental right of privacy," the majority said in the 59-page ruling.
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"Both administrations claim that the state laws they challenge impermissibly interfere with the executive branch's ability to enforce the immigration laws," she said.
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"She impermissibly mixed official government business with political views about candidates in the Alabama special election," concluded Special Counsel Henry Kerner of Conway.
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Olson, went to the Supreme Court, which ruled that independent counsels did not interfere "unduly" or "impermissibly" with the powers of the executive branch.
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Dorothy wants Edgar to get better for her, and at Jimmy's house, Edgar's personal demons make his friends' actions seem more impermissibly reprehensible than ever.
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The OSC says that Conway "impermissibly mixed official government business with political views about candidates in the Alabama special election," citing two separate television appearances.
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So it's hard to say exactly what the president sees as so impermissibly weak and politically correct in the new version of the executive order.
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Colorado's then-Secretary of State Wayne Williams "impermissibly interfered with Mr. Baca's exercise of his right to vote as a presidential elector," the appeals court wrote.
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Last year the Lee estate sued Mr. Rudin, asserting that a draft script deviated impermissibly from the novel; Mr. Rudin countersued, and the case was settled.
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Though the E.P.A. approved California's greenhouse gas standards in 2013, the agency now argues that they impermissibly conflict with another federal law, the Energy Policy Conservation Act.
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" he court impermissibly usurped the jury's role and made factual determinations," Justice Barbara Kapnick wrote for a unanimous five-judge panel of the Appellate Division, First Department.
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In their interpretation, the president could lawfully override statutes in which he decided Congress had impermissibly encroached upon wartime authorities that the Constitution exclusively assigned to him.
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Many pending cases are politically charged, including two (from Wisconsin and Maryland) testing whether redistricting maps were impermissibly gerrymandered to favor one political party over the other.
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For instance, if an online service impermissibly is hosting a copyrighted sound recording on four-dozen different web pages, a takedown notice must identify each individual web link.
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Conway's statements during the 'Fox & Friends' and 'New Day' interviews impermissibly mixed official government business with political views about candidates in the Alabama special election for U.S. Senate.
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The Supreme Court has previously intervened when legislators impermissibly sought to dilute the voting power of racial minorities, but it has never curbed gerrymandering for purely partisan purposes.
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Mr Sessions also filed a lawsuit in March complaining that California had "pre-empted" federal immigration law with its sanctuary policies and "impermissibly discriminate[d] against the United States'".
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"We are seeking a court order declaring House Bill 2's restroom restriction impermissibly discriminatory, as well as a statewide bar on its enforcement," she said in her announcement.
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Enacted in 1789 as a stop-gap that allows the government to efficiently administer its given legislative privileges, the AWA is being given an impermissibly broad interpretation by the FBI.
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And if the Supreme Court's Turner Broadcasting decisions mean what they say, then the net neutrality rule is unlawful because the rule impermissibly infringes on the Internet service providers' editorial discretion.
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In September, a graphic designer whose art is sold on coffee mugs, T-shirts and magnets sued Amazon for impermissibly producing and selling items featuring her artwork, specifically a defecating unicorn.
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Therefore, Barr argues, the Senate using cloture during its consideration of Trump nominees, which Barr claims causes unnecessary delay, impermissibly erodes presidential power, as did court review of the travel ban.
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Prosecutors also concluded that "we had a valid basis for investigating" Trump's conduct and that such an investigation "would not impermissibly burden the President's performance of his Article II function" and authorities.
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"In reaching her finding that Absa benefited from the South African Reserve Bank financial support, the Public Protector appears to have impermissibly ignored facts and disregarded evidence provided to her," Absa said.
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In a decision last week, U.S. District Judge Sarah Vance rejected arguments that the lawsuit would impermissibly interfere with state courts' right to issue orders and judgments free from federal judicial interference.
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But the Office of Special Counsel suggested that a bright-line rule would be difficult to formulate, given that deciding which statements are impermissibly political necessarily turns on case-by-case facts.
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Obama has had to navigate a narrow path between gun control advocates who have been urging him to act broadly and critics who accuse him of using executive actions to impermissibly bypass Congress.
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" His report implies he was bound by the Justice Department policy that "criminal prosecution of a sitting president would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions.
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Justice Thomas' majority opinion was not based on the First Amendment's original meaning but rather on his view that the law at issue impermissibly interfered with the clinics' right to advocate against abortion.
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Cilek's group was represented by the conservative Pacific Legal Foundation but also was backed by the American Civil Liberties Union, which warned against giving poll workers discretion to decide what is impermissibly political.
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Calling that provision a "troubling" restraint that places employers in a "precarious situation," Mendez said the state had overstepped its authority by "impermissibly discriminat[ing] against those who choose to deal with" federal authorities.
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This case really boils down to whether funding a religious school's playground is tantamount to impermissibly funding religion, or is, instead, the kind of neutral state program from which religious groups can't be excluded.
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On Thursday, Exxon Mobil followed up with a petition in state court in Massachusetts asking the court to recuse Ms. Healey's office from pursuing the investigation because "it is impermissibly biased" against the company.
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The Office of Legal Counsel had previously issued an opinion that the indictment of a sitting president would "impermissibly undermine" the functions of the executive branch, and Mueller said he recognized that independently as well.
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On March 6th, the Department of Justice (DoJ) filed a lawsuit in a federal district court in Sacramento outlining three ways California has "preempted" federal immigration law and "impermissibly discriminate[d] against the United States".
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"Secretary Castro's statements during the interview impermissibly mixed his personal political views with official agency business, despite his efforts to clarify that some answers were being given in his personal capacity," the OSC report said.
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"Indeed, to hold otherwise would be to impermissibly and judicially create a right to appeal in a criminal matter that has not been authorized by our Legislature," Judge Stein wrote in her 25-page decision.
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"Plaintiffs are very specific about the lyrics allegedly copied, and their specificity establishes that they impermissibly rely on an uncopyrightable short phrase comprised of words they admit were commonplace before their musical composition," the memorandum contends.
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In the San Francisco lawsuit, the company asserts that the city "impermissibly treats Airbnb as the publisher or speaker of third-party content" when it is merely a platform for communications between property owners and guests.
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Oregon officials wrote in a lawsuit last year seeking to stop the freeze of both the 2017 and 2018 funds that the Trump administration was attempting to "impermissibly commandeer the resources" of state law enforcement officials.
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In the Rodriguez case, both administrations have argued that the court stepped on congressional toes, trying to impermissibly "make law" by reading into the statute a requirement that a bond hearing be held every six months.
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The Fourth Circuit Court of Appeals sided with Grimm, who argued that the school board "impermissibly discriminated against him" in violation of Title IX anti-discrimination laws and his constitutional right to equal protection under the law.
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The city's Department of Health and Mental Hygiene found impermissibly elevated levels of lead dust in Mr. Croman's buildings more than 20 times, including levels over 65 times the legal threshold, according to the attorney general's office.
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According to the government's lawsuit, from 2003 to 2015, Columbia impermissibly sought recoveries for 423 National Institutes of Health research grants by applying an "on-campus" indirect cost rate, rather than a much lower "off-campus" rate.
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In a brief filed in support of a class-action lawsuit challenging the bail system, the DOJ held that jailing people who are facing charges unless they can afford to post bail impermissibly discriminates against the poor.
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North Carolina originally sued the feds this spring, after Attorney General Loretta Lynch said the "impermissibly discriminatory" bill—which requires people to use the bathroom that corresponds to the gender on their birth certificate—violated civil rights.
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The 4th Circuit Court of Appeals sided with Grimm, who argued that the school board "impermissibly discriminated against him" in violation of Title IX anti-discrimination laws and his constitutional right to equal protection under the law.
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" He also wrote: "The implications of the government's position are so far-reaching – both in terms of what it would allow today and what it implies about Congressional intent in 1789 – as to produce impermissibly absurd results.
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The appeals court ruling came on a motion by the Canadian Civil Liberties Association and the National Council of Canadian Muslims that argued the law was outside Quebec's jurisdiction, impermissibly vague and violated constitutional guarantees of equal access.
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The state of Washington did not impermissibly meddle in foreign affairs by blocking the creation of a massive bulk-export facility that would receive coal by rail from landlocked states and ship it to Asia, a federal judge has ruled.
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The lawsuit in Maryland was brought by refugee aid groups and foreign nationals who argued in court filings that the revised executive order "was motivated by animus toward Muslims," and impermissibly discriminates on the basis of religion and national origin.
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The rules seek to ensure "wellness programs actually promote good health and are not just used to collect or sell sensitive medical information about employees and family members or to impermissibly shift health insurance costs to them," the EEOC said.
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The Supreme Court's 1986 case held that once a defendant has produced enough evidence to raise an inference that the state impermissibly excluded a juror based on race, the state must come forward with a race-neutral explanation for the exclusion.
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"It has long been a pattern of practice throughout this nation and the state of South Carolina that school districts have unconscionably and impermissibly shifted operating costs of the classrooms directly on the financial backs of our Teachers," the lawsuit reads.
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The report claimed Conway "impermissibly mixed official government business with political views about candidates" during two media interviews in the run-up to the election, but left it up to the president to move ahead with disciplinary action against her.
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A jury cleared Google in 2016, but the U.S. Court of Appeals for the Federal Circuit in Washington, which specializes in intellectual property disputes, overturned that decision in 2018, finding Google impermissibly used Oracle's software code in Android under U.S. copyright law.
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Orenstein is calling this government overreach in clear terms: The implications of the government's position are so far-reaching – both in terms of what it would allow today and what it implies about Congressional intent in 1789 – as to produce impermissibly absurd results.
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Comey was said to have ignored at least one superior in the Justice Department who said that commenting publicly on the ongoing investigation would violate policy, in addition to impermissibly interfering with the presidential campaign so close to Election Day, sources told ABC News.
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""The Office of Legal Counsel (OLC) has issued an opinion finding that 'the indictment or criminal prosecution of a sitting President would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions' in violation of the constitutional separation of powers.
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WASHINGTON (Reuters) - The U.S. Supreme Court on Wednesday appeared divided over the legality of Kansas prosecuting three immigrants for violating identity theft laws by using other people's Social Security numbers in a dispute over whether the state impermissibly encroached on federal control over immigration policy.
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" Mueller wrote in his report that his office accepted the legal conclusion drawn by the Office of Legal Counsel, which found that the "indictment or criminal prosecution of a sitting President would impermissibly undermine the capacity of the executive branch to perform its constitutional assigned functions.
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The fine "does not impermissibly burden the Kleins' right to the free exercise", the court held, "because it simply requires their compliance with a neutral law of general applicability, and the Kleins have made no showing that the state targeted them for enforcement because of their religious beliefs".
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"Were the court to make the confidential records available for journalistic, and thus public, scrutiny, it would impermissibly inject itself into the political process by making the value judgment of what information is useful in determining the present candidate's, or any other candidate's, fitness for office," the judge wrote.
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The Food and Drug Administration said it would delay the implementation of a new rule on off-label drug promotion that was scheduled to take effect on Tuesday for a year after receiving a petition from drug industry groups that say the rule impermissibly expands the agency's authority.
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"Were the court to make the confidential records available for journalistic, and thus public, scrutiny, it would impermissibly inject itself into the political process by making the value judgment of what information is useful in determining the present candidate's, or any other candidate's, fitness for office," Nervo wrote.
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"While the Department of Justice's position is that 'the indictment or criminal prosecution of a sitting President would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions,' it also takes the position that a criminal investigation during the President's term is permissible," the prosecutors wrote.
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" Judge Orenstein explicitly condemned the government's overreach in that case, echoing the exact concerns explored above: "The implications of the government's position are so far-reaching — both in terms of what it would allow today and what it implies about Congressional intent in 1789 — as to produce impermissibly absurd results.
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" Judge Thomas F. Hogan of the Federal District Court, who made the decision, said per the New York Times: "The Line Item Veto Act violates the procedural requirements ordained in Article I of the United States Constitution and impermissibly upsets the balance of powers so carefully prescribed by its framers.
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After he bought the stage rights to the novel and won Harper Lee's approval for Mr. Sorkin as the playwright, Lee's estate sued him, asserting the new adaptation deviated impermissibly from the novel; he countersued, and offered to stage his play in front of the judge to prove his case.
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Even if Mueller found evidence of obstruction, legal experts point to two opinions written by the Justice Department's Office of Legal Counsel (OLC) in 1973 and 2000, both concluding that indictment or criminal prosecution of a sitting President would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions.
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Organization of Foster Families Justice Stewart elaborates, ''[i]f a State were to attempt to force the breakup of a natural family, over the objections of the parents and their children… I should have little doubt that the State would have intruded impermissibly on 'the private realm of family life which the state cannot enter.
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"The Ordinance is a prior restraint on Candy Lab AR's speech, impermissibly restricts Candy Lab AR's speech because of its content, and is unconstitutionally vague such that Candy Lab AR does not have notice as to what speech must be approved by permit and which it can express without seeking a permit," the suit reads.
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Their view is that an indictment would interfere impermissibly with the president's ability to carry out his constitutionally assigned functions and that Article I, Section 3 of the Constitution provides that only after a person is removed from office by impeachment and conviction shall that person be liable and subject to indictment, trial, judgment, and punishment.
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"A congressional demand for the President's personal records raises the specter that members of the Legislative Branch are impermissibly attempting to interfere with or harass the Head of the Executive Branch, or at least that the subpoena will have that effect, especially given the possibility of a multitude of such subpoenas," the Justice Department wrote in its brief Tuesday.
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In a 6-2 decision written by Justice Ruth Bader Ginsburg, the Supreme Court held that Congress did not impermissibly dictate the outcome of a specific case, and therefore did not violate separation of powers by passing a law to enforce terrorism judgments against Iran that made available $1.75 billion in assets of Bank Markazi (the Central Bank of Iran) that were found in a U.S. bank account.
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Finally, the Court held the Lloyd-La Follette Act was not impermissibly vague or overbroad in its regulation of federal employee speech..
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Cited in . – that this would limit God's freedom, and therefore his omnipotence. Josef Pieper, however, replies that such arguments rest upon an impermissibly anthropomorphic conception of God.
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In March 2018, the judge ruled that the PACER fees were impermissibly used to cover unrelated costs. that holding is under appeal to the Court of Appeals for the Federal Circuit.
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In January 2020, the Ed 88 stations entered into a consent decree with the FCC which saw the payment of a $76,000 penalty for broadcasting improper underwriting announcements that impermissibly promoted products or services in 2016.
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Because Ohio chose to domesticate these foreign corporations, these corporations became entitled to equal protection with all other domestic corporations established under Ohio law. Ohio's ad valorem tax impermissibly discriminates between domestic and foreign corporations, denying appellants equal protection under Ohio law.
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10, 2006), ECF No. 208. Plaintiff finally argued that other provisions in the statute were impermissibly vague, in violation of the Fourteenth Amendment's due process clause, and that the law's health exception was inadequate.First Amended Complaint, Planned Parenthood v. Rounds, 4:05-cv-04077 (D.
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Justice Scalia dissented, joined by Chief Justice Rehnquist and Justices White and O'Connor.Rankin, 483 U.S. at 394 (Scalia, J., dissenting). In their dissent, the two-pronged test outlined in Connick v. Myers was thought to be impermissibly expanded in scope by the majority's decision.
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That is the body which, partnered with Mexico, administers control of rivers along the border. The commission noted the gate impermissibly blocked a U.S. Government-owned levee road. "We Build the Wall" kept the gate closed, according to the commission, despite repeated requests to allow access.
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4th 262, 277 (Cal. 2002) The court emphasized that knowledge of the possibility of harm in the forum cannot be enough, that to allow jurisdiction on these facts would be to impermissibly ignore the express aiming requirement of the effects test.Pavlovich v. Superior Court, 29 Cal.
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Terroristic-threat statutes have generally been upheld by the courts against constitutional challenges raising claims that such laws violate the Free Speech Clause,45 A.L.R. 4th 949, § 3. are impermissibly vague,45 A.L.R. 4th 949, § 4. or overlap with a criminal assault statute.45 A.L.R. 4th 949, § 5.
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In 1991, the Arkansas Supreme Court affirmed the circuit court's decision, finding that the pit bull ordinance was not impermissibly vague, that the restrictions were reasonable, and that any agreement made by the city to limit its own legislative powers was null and void since the city's first duty was to protect the public interest.
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Health Genera; § 2-802(a). The Court ruled that the statute violated the Commerce Clause of the United States Constitution because a state may not regulate transactionS that occur completely out of that state. In the case of the Maryland statute, the state statute was impermissibly regulating transactions between manufacturers and distributors that took place wholly outside of Maryland.
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By 1994, the companies had spent more than $1,000,000 to obtain the mining permit. In 1995, Judge Fallon for the New York State Appellate Court decided that the Town of Sardinia's Prohibition of Mining Amendments be nullified, that the Town did not act according to its Comprehensive Plan, and that the Town's rezoning was impermissibly exclusionary.
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The Minnesota Court also concluded that the ordinance was not impermissibly content based, because "the ordinance is a narrowly tailored means towards accomplishing the compelling governmental interest in protecting the community against bias-motivated threats to public safety and order."In re Welfare of R.A.V., 464 N.W.2d 507, 510 (Minn. 1991). Petitioner appealed, and the United States Supreme Court granted certiorari..
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In a 1984 case, Davis v. Bandemer, the Supreme Court held that gerrymandered districts could be struck down based on the Equal Protection Clause, but the Court did not articulate a standard for when districts are impermissibly gerrymandered. However, the Court overruled Davis in 2004 in Vieth v. Jubelirer, and Court precedent currently holds gerrymandering to be a political question.
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" The village's final argument was that the guidelines were only a beginning and could evolve over time into something more specific. But Sprecher did not see that as even possible. "[T]his ordinance is impermissibly vague on its face," he wrote. "Therefore, it does not provide an administrative body with adequate standards to guide and limit the administrators' discretion in drawing guidelines.
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Instead, under Florida law, courts are required to "blue pencil" an impermissibly broad or lengthy non-compete agreement to make it reasonable within the limits of Fla. Stat. § 542.335. Also if the agreement is part of a general employment contract then there is the possibility of a prior breach by an employer. This may cause the non-compete clause of the contract to become unenforceable.
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On July 28, 2014, the Fourth Circuit ruled 2–1 that Virginia's ban on same-sex marriage is unconstitutional, affirming the district court. Judge Henry Floyd, who was described as the neutral party in the "sharply divided" arguments as noted above, wrote the majority opinion. The majority conclusion is that "Virginia's same-sex marriage bans impermissibly infringe on its citizens' fundamental right to marry".
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In October 2016, "the draft Hate Crimes Bill was introduced. It aims to address racism, racial discrimination, xenophobia and discrimination based on gender, sex, sexual orientation and other issues, by providing an offence of hate crime. It includes controversial provisions that criminalize hate speech in ways that could be used to impermissibly restrict the right to freedom of expression".Amnesty International, Report 2016/2017, p. 333.
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A three-judge panel affirmed the judgment of the district court. The majority concluded that the patent fails the two-step test that the Supreme Court developed in Mayo for determining whether a method patent impermissibly claims a natural law or phenomenon. First, the court said, the claims "are directed to a patent-ineligible concept" because the "method begins and ends with a natural phenomenon" (i.e., cffDNA).
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Encouraged by the language in the dissenting opinions from the Third Circuit on Christie II, New Jersey petitioned for a writ of certiorari from the Supreme Court in October 2016. The state specifically asked the question "Does a federal statute that prohibits modification or repeal of state-law prohibitions on private conduct impermissibly commandeer the regulatory power of States?," citing New York v. United States, , as precedent.
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The second issue concerns whether or not the DMCA, as construed by members of the MPAA, is unconstitutionally void. 321 Studios argued that the DMCA is invalid, because (1) the DMCA in this context restricted 321 Studios' free speech protected under the First Amendment, (2) the DMCA impermissibly burden the fair use rights of the end users, and (3) the DMCA exceeded the scope of congressional powers.
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The U.S. Supreme Court refused to overrule the stay. District Court neither anticipated questions of constitutional law nor formulated a rule broader than is required by the facts. The constitutional issues regarding DADT are well-defined, and the District Court focused specifically on the relevant inquiry of whether the statute impermissibly infringed upon substantive due process rights with regard to a protected area of individual liberty.
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Allowing even a single company to restrict its use of an > expired or invalid patent, we explained, "would deprive ... the consuming > public of the advantage to be derived" from free exploitation of the > discovery. And to permit such a result, whether or not authorized "by > express contract," would impermissibly undermine the patent laws.135 S. Ct. > at 2407 (citations omitted). "Brulotte was brewed in the same barrel," the Court said.
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Therefore, the claimed method impermissibly added only "well-understood, routine, and conventional activity" to the natural phenomenon that the doctor inventors had discovered. That made the claimed subject matter patent-ineligible as a matter of law. The court said that it rejected Sequenom's argument that "implies that the inventive concept lies in the discovery of cffDNA in plasma or serum." That discovery is the discovery of a natural phenomenon.
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In June 1998, Abercrombie & Fitch filed a lawsuit against rival clothing retailer American Eagle Outfitters in the U.S. District Court for the Southern District of Ohio, alleging that "AE impermissibly copied the designs of certain articles of clothing, in-store advertising displays, and a catalog [A&F; Quarterly]." In July 1999, the court granted American Eagle's motion for summary judgment in its favor.Abercrombie & Fitch Stores, Inc. v. American Eagle Outfitters, Inc.
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Lowenfield v. Phelps, 484 U.S. 231 (1988), is a United States Supreme Court case in which the Court held that the two jury polls and the supplemental charge did not impermissibly coerce the jury to return a death sentence, and that the death sentence does not violate the Eighth Amendment simply because the single statutory "aggravating circumstance" found by the jury duplicates an element of the underlying offense of first-degree murder.
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The Court ruled that the Louisiana Constitution and the New Orleans ordinances did not impermissibly impair a pre-existing obligation under a contract when those laws effectively ended a slaughter-house business monopoly by the Crescent City Company. No issues regarding the power to tax incomes from businesses, vocations, or labor were presented to or decided by the Court, and the word "tax" does not appear in the text of the decision.
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Sacramento County changed its licensing policy during the lawsuit, and the complaint against McGinness was dismissed. After ruling on Peruta, the Ninth Circuit judges unanimously ruled in Richards: > In light of our holding in [Peruta] we conclude that the district court in > this case erred in ruling Richard[s'] motion for summary judgment because > the Yolo County policy impermissibly infringes on the Second Amendment right > to bear arms in lawful self-defense.
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Goudsmit was requested to test the antisense material once again, but his enthusiasm had cooled, and Buck could not produce the pure phosphate methylated DNA in time. The publication in Science therefore had to be retracted. A second investigating committee reported at the end of the year that the presentation of the results in Science bordered on fraud. The report also said that Bucks behaviour in his group was impermissibly harsh at times.
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In legal parlance, "woodshedding" refers to the instruction given to a witness to make him respond in one party's favor. It is the act of impermissibly coaching a witness or unfairly prejudicing him during ex parte communications. This fits with the concept of the metaphor of a "woodshed" being a private place where such conspiracy might occur. It is also called "horse shedding" and involves practice questions and answers or even a mock trial.
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"[Private] publication by Senator Gravel through the cooperation of Beacon Press was in no way essential to the deliberations of the Senate; nor does questioning as to private publication threaten the integrity or independence of the Senate by impermissibly exposing its deliberations to executive influence."Gravel v. United States, 408 U.S. 606, 625.Associate Justice Potter Stewart dissented in part, concluding that the Court had too narrowly construed the protections granted by the Speech or Debate Clause.
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Second, if arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them. A vague law impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application. Third, but related, where a vague statute abuts upon sensitive areas of basic First Amendment freedoms, it operates to inhibit the exercise of those freedoms. (the chilling effect).
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Prior to a 2011 Supreme Court decision, states like Arizona, Maine, New Mexico, North Carolina, and Wisconsin were using a system that distributed "additional funding to publicly financed candidates when they face big-spending opponents or opposition groups". The combined cases, Arizona Free Enterprise Fund v. Bennett (2011) and McComish v. Bennett (2011), held that "the law impermissibly forces private candidates and independent political organizations to either restrain their spending or risk triggering matching funds to their publicly financed opponents".
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Winmill ordered the United States Fish and Wildlife Service (FWS) to reconsider its decision not to list the sage-grouse as an endangered or threatened species under the Endangered Species Act. In an opinion highly critical of FWS officials, Winmill singled out deputy assistant secretary Julie A. MacDonald for criticism, and held that the agency had impermissibly disregarded scientific evidence in making its decision to deny protection to the sage-grouse.Rebecca Boone, Judge orders sage grouse protections reconsidered, Associated Press (December 5, 2007).
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" West Allis did, however, win on one complaint. Cummings found that the ordinance did not violate the Equal Protection Clause, reversing the district court. While the fave factors were impermissibly vague, they were not so imprecise as to fail the rational basis test. "[I]n deciding what means to employ," he wrote, "[West Allis City Council] can rely on actual or hypothetical facts, and can attack only certain aspects of a problem without having to justify its failure to fashion a comprehensive solution.
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The ACA sued to have the provision declared unconstitutional as a violation of its leaders' First Amendment rights.Loftus, "High Court Delays Red Clause Ruling," New York Times, January 14, 1949. On June 29, 1948, the United States Court of Appeals for the Second Circuit held, in a 2-to-1 decision written by Judge Thomas Walter Swan, that Section 9(h) did not impermissibly impose on union members' First Amendment rights."Final Court Test on Taft Bill Seen," New York Times, June 30, 1948.
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Under the common law, loitering was a crime. The facts of the case were: More specifically, "In 1993, Jesus Morales was arrested and found guilty under the ordinance for loitering in a Chicago neighborhood after he ignored police orders to disperse. Ultimately, after Morales challenged his arrest, the Illinois Supreme Court held that the ordinance violated due process of law in that it is impermissibly vague on its face and an arbitrary restriction on personal liberties."See also Audio case files website case brief.
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Fernandez-Vargas argued that because he illegally reentered the country before the IIRIRA's effective date, §241(a)(5) did not bar his application for an adjustment of status, and that §241(a)(5) would be impermissibly retroactive if it did bar his adjustment application. The Court held that Section 241(a)(5) applies to those who reentered the U.S. before IIRIRA's effective date and does not retroactively affect any right of, or impose any burden on, the continuing violator of the INA now before this Court..
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After a voluntary, day-long briefing and interview provided by the company's General Counsel, PSI followed up with a subpoena to Backpage.com demanding over 40 categories of documents, covering 120 subjects, regarding Backpage's business practices. Much of the subpoena targeted Backpage's editorial functions as an online intermediary. Over the ensuing months, Backpage raised and PSI rejected numerous objections to the subpoena, including that the subpoena was impermissibly burdensome both in the volume of documents PSI demanded and in its intrusion into constitutionally- protected editorial discretion.
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On April 21, 2014, the Supreme Court granted Lewin's certiorari petition in the follow-up case of Zivotofsky v. Kerry, which concerns the question whether a federal statute that directs the Secretary of State, on request, to record the birthplace of an American citizen born in Jerusalem as born in "Israel" on a Consular Report of Birth Abroad and on a United States passport is unconstitutional on the ground that the statute "impermissibly infringes on the President's exercise of the recognition power reposing exclusively in him".
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Although Congress replaced the "narrowly tailored" constitutional requirement with a "least restrictive means" statutory requirement, the enhanced test is still referred to as the Sherbert Test. However, the Supreme Court held in City of Boerne v. Flores that the law was unconstitutional because its enhanced Sherbert Test, as a purported change in constitutional rights, could not be enforced against the states.. It impermissibly interfered with the judiciary's sole power to interpret the Constitution. However, the ruling did not necessarily limit its effect on interpretation of federal statutes.
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"In a facial challenge to the overbreadth and vagueness of a law, a court's first task is to determine whether the enactment reaches a substantial amount of constitutionally protected conduct." Laws that did not would not be invalidated as overbroad. Next, a court considering vagueness "should uphold the challenge only if the enactment is impermissibly vague in all of its applications. A plaintiff who engages in some conduct that is clearly proscribed cannot complain of the vagueness of the law as applied to the conduct of others".
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Opponents of legal recognition for same-sex couples filed two lawsuits in the Superior Court of California. In the first case, state senator William "Pete" Knight sued Governor Gray Davis (later substituting Governor Arnold Schwarzenegger) on the grounds that A.B. 205 impermissibly amended Proposition 22, which Knight authored. Randy Thomasson (an opponent of gay rights and head of the Campaign for California Families) filed a similar lawsuit, which challenged both A.B. 205 and the earlier domestic-partner expansion in A.B. 25. Both lawsuits, consolidated into a single action, failed at the trial and appellate courts.
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Judge Laurence H. Silberman wrote his own opinion, concurring in part and dissenting in part. His opinion is in general agreement with the majority that the FCC Open Internet Order 2010 "impermissibly subjects broadband providers to treatment as common carriers." Of significance in this minority opinion is Silberman's ruling that the FCC has the authority to take "measures that promote competition in the local telecommunications market or other regulating methods that remove barriers to infrastructure investment." This has been interpreted to mean that the FCC has the authority to challenge state laws restricting municipal broadband.
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National Institute Inc. (1929) that passages impermissibly took the expressive content of Salinger's letters by copying the author's "association, presentation, and combination of the ideas and thought which go to make up [his] literary composition." In 1988 Judge Newman published an essay on "Copyright Law and the Protection of Privacy". He argued that with copyright cases involving unpublished material the court should be allowed to consider privacy issues, and that in cases where personal rights were involved the laws could possibly be extended to protect facts as well as expression.
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Clinton v. City of New York, 524 U.S. 417 (1998), is a legal case in which the Supreme Court of the United States ruled that the line-item veto as granted in the Line Item Veto Act of 1996 violated the Presentment Clause of the United States Constitution because it impermissibly gave the President of the United States the power to unilaterally amend or repeal parts of statutes that had been duly passed by the United States Congress. The decision of the Court, in a six-to-three majority, was delivered by Justice John Paul Stevens.
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That was held to be within Congress's power under the Taxing and Spending Clause, an "unexceptionable" exercise of that power. The second incentive, the "access" incentive, allowed states to reprimand states that missed certain deadlines by raising surcharges or eventually denying access to disposal at those state's facilities completely. That was held to be a permitted exercise of Congress's power, under the Commerce Clause. The third incentive, requiring states to "take title" and assume liability for waste generated within their borders if they failed to comply, was held to be impermissibly coercive and a threat to state sovereignty, thereby violating the Tenth Amendment.
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In 2009, The Colorado Independent filed suit in Denver District Court against the Ethics Commission for violating Colorado's Open Meetings Law by deciding the complaint against Mike Coffman behind closed doors. The case resulted in an order for production of executive session tapes and an award of attorneys' fees. After these two legal losses, the Ethics Commission took steps to improve its compliance with Colorado's transparency laws. In 2013, Secretary of State Scott Gessler filed suit against the Ethics Commission, arguing that Amendment 41 is impermissibly vague and that the Commission's hearing process violates due process.
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In April 2011, a U.S. federal judge ruled against a legal challenge by the ANH to the U.S. Food and Drug Administration's adoption of new manufacturing regulations. U.S. District Judge Beryl Howell found that the regulations "did not exceed the FDA's statutory authority, are not impermissibly vague under the due process clause, and are not arbitrary and capricious under the Administrative Procedure Act." The complaint was filed in 2009 by the ANH, along with Durk Pearson, Sandy Shaw and the Coalition to End FDA and FTC Censorship.'Supplement Makers Lose Fight Against FDA' Courthouse News Service Published 8 April 2011.
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He opposed the majority of the court and wrote a dissenting opinion when the Supreme Judicial Court found that protests in front of abortion clinics unfairly intimidated women seeking services. He wrote the ban could "impermissibly chill" people's right to protest. While on the Supreme Judicial Court, O'Connor wrote numerous majority opinions of significant importance. In a 1987 majority opinion that denied a woman the right to sue for damages if her boyfriend was injured in a work accident, O'Connor wrote that if unmarried couples were given the same rights as married couples, it would subvert the institution of marriage.
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In 1871, the Supreme Court ruled that the 1870 statute was unconstitutional and that Congress had exceeded its power by invading the province of the judicial branch by prescribing the rule of decision in a particular cause. The Court also ruled that Congress had impermissibly infringed the power of the executive branch by limiting the effect of a Presidential pardon. Broadly speaking, Klein stands for the proposition that the legislative branch cannot impair the exclusive powers of another branch. Put another way, Klein recognizes and supports the fundamental value of separation of powers defined by the Constitution.
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In addition, the Supreme Court in the case of Gonzales v. Carhart ruled that Congress may ban certain late-term abortion techniques, "both previability and postviability", as it had done in banning intact dilation and extraction with the Partial-Birth Abortion Ban Act of 2003. The Supreme Court has held that bans must include exceptions for threats to the woman's life, physical health, and mental health, but four states allow late-term abortions only when the woman's life is at risk; four allow them when the woman's life or physical health is at risk, but use a definition of health that pro-choice organizations believe is impermissibly narrow.
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In Holt v. City of Maumelle, 817 S.W.2d 208 (AR., 1991), Mr. Steele Holt sued the city of Maumelle, Arkansas, in 1988 in an attempt to have its prohibition against pit bulls overturned on the grounds that the ordinance was impermissibly vague, that it was unreasonable to ban pit bull–type dogs, and that the city's Board of Directors committed a breach of contract by passing a pit bull ordinance that it had previously agreed to forego; Mr. Holt also asked that the city pay compensatory damages, punitive damages, and his attorney's fees. The Pulaski County circuit court made a summary judgment dismissing the suit, and Mr. Holt appealed.
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In the 2005 case of Cutter v. Wilkinson, 544 U.S. 709 (2005), five prisoners in Ohio – including a Wiccan, a Satanist, and a member of a racist, allegedly Christian, sect – successfully sought to apply the protections of the act to their religious practices. The United States Court of Appeals for the Sixth Circuit had held that RLUIPA violated the Establishment Clause by impermissibly advancing religion by bestowing benefits to religious prisoners that were unavailable to non-religious prisoners. The U.S. Supreme Court disagreed, unanimously holding that RLUIPA was a permissible accommodation of religion justified by the fact that the government itself had severely burdened the prisoners' religious rights through the act of incarceration.
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She later applied for a U.S. passport, but was turned down on the grounds that she was not a U.S. citizen. Miller challenged the law under which she had been denied citizenship, claiming that the law was unconstitutionally discriminatory because it imposed stricter requirements for a foreign-born illegitimate child of an American father than would have applied if her American parent had been her mother. Six of the nine justices of the Supreme Court rejected Miller's challenge to the law, in three separate opinions that denied her citizenship claim for different reasons. Three justices dissented, agreeing with Miller that the law in question was impermissibly discriminatory and should have been struck down.
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In the early morning hours of June 21, 1990, the petitioner and several other teenagers allegedly assembled a crudely made cross by taping together broken chair legs. The cross was erected and burned in the front yard of an African American family that lived across the street from the house where the petitioner was staying. Petitioner, who was a juvenile at the time, was charged with two counts, one of which a violation of the St. Paul Bias- Motivated Crime Ordinance. The Ordinance provided; Petitioner moved to dismiss the count under the Bias-Motivated Crime Ordinance on the ground that it was substantially overbroad and impermissibly content based, and therefore facially invalid under the First Amendment.
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In Morse (1853), the Court recognized the same legal principle against patenting ideas, found one of Morse's claims to impermissibly preempt an abstract idea since it was not limited to any particular apparatus,That claim, claim 8, was to the use of the electromagnetic force "however developed" to transmit information to any distance. See 56 U.S. at 86. mentioned that Morse's actual apparatus was the product of great ingenuity on his partMorse devised "certain complicated and delicate machinery, adjusted and arranged upon philosophical principles and prepared by the highest mechanical skill." 56 U.S. at 117, and upheld a claim to it, but did not hold or even state that ingenuity of the apparatus implementation was a requirement.
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Chief Justice John G. Roberts wrote the majority opinion for the Court, reversing the D.C. Circuit, and holding that Zivotofsky's claim could be reviewed by the courts. "In this case," Roberts wrote, "determining the constitutionality of § 214(d) involves deciding whether the statute impermissibly intrudes upon Presidential powers under the Constitution." Judging the constitutionality of a law in this context would not "turn on standards that defy judicial application" because reviewing the "textual, structural, and historical evidence put forward by the parties" is "what courts do." For this reason, even though such a decision may touch on political areas, there would be no reason the courts couldn't work through the evidence for an answer.
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In accordance with the accepted usage of the word, Church historians properly assert that Christianity took its rise ecclesiastically from a conventicle. Such was the meeting in the Upper Room of the first disciples of Christ after the Ascension (Acts 1:13). This gathering was the type of those which soon began to meet for prayer, mutual edification, and memorial observances, in private houses such as that of Mary, the mother of John (Ac 12:12). Within a short time they drew upon themselves the suspicions of the Jewish ecclesiastical authorities, who branded the new faith as impermissibly heretical, and instituted a persecution directed to the harrying and suppression of these conventicles, one of their most zealous agents being he who became the Apostle Paul.
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Costco involved this exact unresolved issue, where the defendant Costco obtained authentic Omega watches, which feature a copyrighted design on the back of the watches, through the gray market and resold them in its stores in the US. Omega manufactured these watches outside the US and did not authorize their importation into the US. Based on the Quality King case, the 9th Circuit held that "application of first-sale doctrine to foreign-made copies would impermissibly apply" the Copyright Act extraterritorially. However, the court stated that first-sale doctrine might still apply to a foreign manufactured copy if it was imported "with the authority of the U.S. copyright owner". The Supreme Court granted certiorari to Omega v. Costco, and affirmed 4–4.
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It has not had much impact since then, or outside that narrow area of law, but it did establish two important precedents for later cases concerning the overbreadth and vagueness doctrines. In the former area, it clarified an earlier ruling and stated explicitly that the doctrine does not apply to commercial speech; in the latter, it established that a statute challenged for vagueness on its face, prior to enforcement, must be "impermissibly vague in all its applications" for the plaintiff to prevail. It also established that laws regulating economic activity, already held to a lower standard for vagueness since businesspeople can reasonably be expected to know their industry and its products, have an even lower standard to meet when they only call for civil penalties.
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The > fact that the injury to interstate commerce would be an accomplished fact > before any sanctions could be applied, the possibility that a large number > of such strikes might be called at a time of external or internal crisis, > and the practical difficulties which would be encountered in detecting > illegal activities of this kind are factors which are persuasive that > Congress should not be powerless to remove the threat, not limited to > punishing the act. Part VI of the decision discussed whether the statute impermissibly targeted the Communist Party as the sole political party seeking the violent overthrow of the United States government. If the statute had penalized anyone who advocated violent overthrow of the government, Vinson held, there would be new constitutional doubts raised.American Communications Association v.
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McFadden appealed the lower court's judgment to the U.S. Court of Appeals for the Fourth Circuit on the grounds that the Analogue Act was unconstitutionally vague, evidentiary rulings were an improper use of the court's discretion, and that the government failed to prove the substances being distributed were controlled analogues. The court rejected the argument that the statute was unconstitutionally vague as a person of "common intelligence" could, indeed, understand the actions prohibited by the statute, specifically the distribution of analogues "substantially similar" to those banned by the Controlled Substances Act. The court also agreed with the district court against McFadden that the statutory term "human consumption" was unconstitutionally vague, as it was defined by statute and could be given an ordinary meaning. It furthermore rejected the argument that term "substantially similar" as impermissibly vague.
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" According to Judge > Mayer, the judicial exceptions to 35 U.S.C. § 101 "create[] a 'patent-free > zone' and place[] within it the indispensable instruments of social, > economic, and scientific endeavor." Thus, the Judge advocated that "Section > 101, if properly applied, can preserve the Internet's open architecture and > weed out those patents that chill political expression and impermissibly > obstruct the marketplace of ideas. The blog criticized Mayer's opinion as indulging in > a robustly overgeneralized statement – 'patents constricting essential > channels of online communications run afoul of the First Amendment' – and > moves on to other topics." The commentary concludes that Judge Mayer's > "unnerving" First Amendment comments are "results-oriented judicial > vagueness [that] is a form of dangerous reasoning – especially when it > implicates, but does not acknowledge, the intricacies of navigating the case > law surrounding such a fundamental constitutional right.
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Regarding the status of Jerusalem specifically, President Bush had deemed Congress' role as merely "advisory", stating that it "impermissibly interferes with the President's constitutional authority".Signing Statement by the President on H.R. 1646, the Foreign Relations Authorization Act, FY 2003, September 30, 2002, NARA Archives. The U.S. Constitution reserves the conduct of foreign policy to the President; resolutions of Congress, such as the ones found in the Authorization Act of 2003 that included the Jerusalem Embassy Act's provisions, makes the arguments in favor of legislating foreign policy from Congress extremely problematic if not arguably invalid for that Constitutional reason. Even from the Embassy Act's legislative beginnings, the question of Congress' over-reach, and whether it somehow usurped the Executive's authority or power over matters of foreign affairs, had played a subtle role in shaping the debate at the time.
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He was sentenced by U.S. District Judge Gerhard Gesell on July 5, 1989, to a three-year suspended prison term, two years probation, $150,000 in fines, and 1,200 hours of community service. North performed some of his community service within Potomac Gardens, a public housing project in southeast Washington, DC. However, on July 20, 1990, with the help of the American Civil Liberties Union (ACLU), North's convictions were vacated, after the appeals court found that witnesses in his trial might have been impermissibly affected by his immunized congressional testimony. The individual members of the prosecution team had isolated themselves from news reports and discussion of North's testimony, and while the defense could show no specific instance in which North's congressional testimony was used in his trial, the Court of Appeals ruled that the trial judge had made an insufficient examination of the issue. Consequently, North's convictions were reversed.
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The Supreme Court ruled 6–3 that a state licensing board that is composed primarily of active market participants has state action immunity from antitrust law only when it is actively supervised by the state. Justice Anthony Kennedy begins his opinion for the Court by extolling the Sherman Antitrust Act as “a central safeguard for the Nation’s free market structures.”North Carolina State Board of Dental Examiners v. FTC, 135 S. Ct. 1101 (2015). That said, Justice Kennedy notes that the States’ power to regulate would be "impermissibly burdened" if they had to obey United States antitrust law.135 S. Ct. 1101 citing Frank H. Easterbrook, Antitrust and the Economics of Federalism, 26 J. Law & Econ. 23, 24 (1983). To address this, the Court in Parker v. Brown (1943) granted California immunity from federal antitrust laws after the state created a New Deal raisin cartel.
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On February 29, 2016, Judge Orenstein denied the government's request, saying the All Writs Act cannot be used to force a company to modify its products: "The implications of the government's position are so far-reaching – both in terms of what it would allow today and what it implies about Congressional intent in 1789 – as to produce impermissibly absurd results." Orenstein went on to criticize the government's stance, writing, "It would be absurd to posit that the authority the government sought was anything other than obnoxious to the law."In Re Order requiring Apple, Inc. to assist in the execution of a search warrant issued by the court, Memorandum and Order, James Orenstein, Magistrate Judge, U.S. District Court, Eastern District of New York (Brooklyn), 1:15-mc-1902 (JO), February 29, 2016 The Justice Department appealed the ruling to District Court Judge Margot Brodie.
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" It is uncontested that Dornbusch was substantially older than V.V. Also, as an educator at her high school, Dornbusch was in a position of authority over V.V." and "We conclude that a scenario such as this, where a person of authority creates a situation in which a teenager would find it almost impossible to deny a sexual advance, can be fairly considered to constitute inducement in the common understanding of the term." and "We hold that the statute was not impermissibly vague as applied to Dornbusch's conduct. The statute forbids inducement of sexual conduct by a child under eighteen years of age. The decision in the Dornbusch case reflects that Dornbusch induced (he used persuasion and influence to bring about) V.V.'s sexual conduct." as well as in Summers v. State, 11-92-057-CR, 845 S.W.2d 440 (1992), the decisions support the interpretation that section 43.25(b) is not limited to cases involving "sexual performance" as defined by section 43.25(a)(1).
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Section 1008 of the Public Health Service Act specified that none of the federal funds appropriated under the Act's Title X for family-planning services "shall be used in programs where abortion is a method of family planning." In 1988, respondent Secretary of Health and Human Services issued new regulations requiring, inter alia, that recipients of the federal funding (1) not engage in any counseling regarding abortion as a method for family planning; and (2) maintain an objective integrity and independence from abortion activities by the use of separate facilities, personnel, and accounting records. The Court held that the regulations were a permissible construction of the statute and consistent with the First and Fifth Amendments. (1) The regulations were a permissible construction of Title X. The regulations did not violate the First Amendment free-speech rights of private Title X fund recipients, their staffs, or their patients by impermissibly imposing viewpoint-discriminatory conditions on government subsidies.
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On August 31, 2011, the United States District Court for the Southern District of New York held that (1) in Floyd's case, the officers had reasonable suspicion that suspect was engaged in burglary, warranting Terry stop and search; (2) in Ourlicht's case, an issue of material fact existed as to whether individuals who stopped suspect were from police department; and (3) an issue of material fact existed as to whether police department engaged in widespread practice of suspicionless stops and frisks of African-American and Latino suspects. The court granted the City of New York's motion for summary judgment on Floyd's Fourth Amendment claim on the grounds that a reasonable jury could find that it was objectively unreasonable for the officers to search Floyd based on a determination of reasonable suspicion. The court further held that the officers did not impermissibly use race as the determinative factor in deciding to stop and frisk Floyd. Floyd subsequently filed a motion for reconsideration with the court.
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Trial Judgment, paras 452-455. The Trial Chamber acquitted Martić of Count 2, extermination as a crime against humanity.Trial Judgment, paras 406, 517. The Trial Chamber further found that Martić ordered the shelling of Zagreb on 2 and 3 May 1995 with Orkan Rockets, containing cluster munitions. It held that he incurred individual criminal responsibility pursuant to Article 7(1) of the Statute for ordering under Count 15, murder as a crime against humanity; Count 16, murder as a violation of the laws or customs of war; Count 17, inhumane acts as a crime against humanity; Count 18, cruel treatment as a violation of the laws or customs of war; and Count 19, attacks on civilians as a violation of the laws or customs of war.Trial Judgment, paras 460, 470-473 and 518. The Trial Chamber did not enter convictions under Counts 16 and 18, having found that these crimes were impermissibly cumulative with Count 19.Trial Judgment, para. 478.
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The Supreme Court of Mississippi ruled that the state PSC could consider the prudence of the Grand Gulf costs allocated to a public utility since FERC had never ruled on the prudency of these costs. The U.S. Supreme Court disagreed, stating that FERC orders must be given preemptive effect regardless of whether a particular matter had been litigated and decided by FERC. Applying the Nantahala and Mississippi Power holdings to the Louisiana case, the Court noted that the PSC order impermissibly had the effect of trapping generation costs with the public utility by excluding them from recovery in rates. Although the Entergy System Operating Agreement differed from the tariffs in the Nantahala and Mississippi Power cases in that it left the classification of reserve generating units to an operating committee, this delegated discretion did not allow the PSC room for a finding of imprudence where a FERC mandated cost allocation would not.
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The seven justices were in agreement that the Secretary's existing ability to withhold all funds from non-compliant plans, coupled with the substantial coverage changes enacted by the Title X amendments, amounted to an unconstitutionally coercive use of Congress's spending power, given that Congress was not going to cover the full cost of the Medicaid expansion after 2016. Where the justices differed was in what they thought constituted the appropriate legal remedy. Four justices (Scalia, Kennedy, Thomas, and Alito) believed the Title X amendments should be struck down due to their impermissibly coercive nature. The remaining three justices (Roberts, Breyer, and Kagan) instead opted to exercise the existing severability clause (codified at 42 USC §1303) in the Social Security Act, as amended, holding that the ability given to the Secretary by statute to withhold federal payments could not be applied to the Title X amendments for those states refusing to participate in the Medicaid expansion.
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Iowa defended the statute as a reasonable safety measure enacted pursuant to its police power, asserting that 65-foot double tractor-trailers are more dangerous than 55-foot singles, and that the law would improve safety and reduce the number of highway accidents by diverting truck traffic outside the state. The District Court made the factual finding that 65-foot doubles were just as safe as 60-foot doubles and 55-foot semi- trailers. It then determined that the state law impermissibly burdened interstate commerce, holding that the relatively slight benefit of the law in improving safety and reducing casualties was outweighed by the federal interest in promoting commerce between the States. The United States Court of Appeals for the Eighth Circuit affirmed, noting that the only apparent safety benefit to Iowa was that resulting from forcing large trucks to detour around the State, thereby reducing overall truck traffic on Iowa's highways.
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It held incorrect the notion that "illegal conduct" and problems of allegiance were, "so far as relevant here, ... the only [grounds] which it could fairly be argued were adopted by Congress in light of prior administrative practice," Kent at 127-128, was not correct because Kent also recognized that the legitimacy of the objective of safeguarding our national security was "obvious and unarguable." id at 509 and that the protection accorded beliefs standing alone is very different from the protection accorded conduct. Thus, it held that the policy announced in the challenged regulations is "sufficiently substantial and consistent" to compel the conclusion that Congress has approved it. Regarding Agee's Constitutional attacks, the Court held that they, too, were without merit. The revocation of his passport did not impermissibly burdens his freedom to travel because the freedom to travel abroad with a "letter of introduction" in the form of a passport issued by the sovereign is subordinate to national security and foreign policy considerations; as such, it is subject to reasonable governmental regulation.
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On March 21, 2013 the Fourth Circuit unanimously reversed the District Court opinion. The Circuit Court found that the trial court's judgment hinged on a finding that the rights of the Second Amendment extend outside one's own home, and that the right is "impermissibly burdened" by the "good and substantial cause" requirement. The Court found that, while the "good cause" requirement does indeed infringe upon Woollard's Second Amendment rights, the requirement nevertheless passes intermediate scrutiny (the standard previously determined applicable in Masciandaro and Chester, heard by the same Circuit), by holding that Maryland's desire to reduce handgun violence is a "substantial government interest", and that the "good cause" requirement is "reasonably fitted" to this interest in several ways, primarily by reducing the number of guns on the street, which the Court agreed with the Appellants provides several secondary effects that significantly reduce handgun violence and increase the ability of the police to distinguish criminals from law-abiding citizens. En banc appeal to the full Circuit Court was denied.
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Dart Cherokee, slip op. at 1-2 (Scalia, J., dissenting). Because the Court was reviewing the Tenth Circuit's decision to deny review, Justice Scalia explained that "the only question before us is whether the Tenth Circuit abused its discretion in denying Dart permission to appeal the District Court’s remand order".Dart Cherokee, slip op. at 2 (Scalia, J., dissenting). Justice Scalia argued that the majority impermissibly concluded the Tenth Circuit denied review because it agreed with the District Court's legal analysis. Instead, Justice Scalia suggested the Tenth Circuit may have denied review for a legally permissible reason, and it would be inappropriate to assume that a court adopted a party's erroneous reasoning.Dart Cherokee, slip op. at 2-3, 4-5 (Scalia, J., dissenting) (citing Sprint/United Management Co. v. Mendelsohn, . In the final sentence of his opinion, Justice Scalia argued that because the Court failed to dismiss the case as improvidently granted, it should have affirmed the Tenth Circuit's decision to deny review "since we have absolutely no basis for concluding that it abused its discretion".Dart Cherokee, slip op. at 7-8 (Scalia, J., dissenting).
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