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"A federal judge has already affirmed the constitutionality of this law," Nina Smith wrote in an email.
And a spokesman for Gov. Scott Walker, who faces a recall election in June, said that the judge's finding "affirmed the constitutionality of nearly everything" in the law.
When a specific challenge did reach the court in Stuart v. Laird (1803), the court, in an opinion by Justice William Paterson, affirmed the constitutionality of the repeal.
Fifteen years before, the Supreme Court, by a six-to-three majority, had affirmed the constitutionality of the same set of loyalty tests in New York State.
Because of an editing error, a report in the Foreign Briefing column on Thursday about a ruling by British Columbia's Supreme Court that affirmed the constitutionality of a 121-year-old criminal ban on polygamy misstated the court's authority.
A majority of the Court signed on to Korematsu v. United States, the decision that — scandalously, as it seems now — affirmed the constitutionality of the detention of Japanese-Americans.
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Barbara Arnwine, president of the Lawyers Committeee for Civil Rights Under Law, was disappointed that "the Supreme Court did not affirm the constitutionality of the University of Texas affirmative action plan," she said in a statement.
He also sided with the majority in the notorious 1944 Korematsu opinion affirming the constitutionality of the wartime internment of Japanese-Americans.
By affirming the constitutionality of the Affordable Care Act — the legislative cornerstone of Barack Obama's Presidency — Roberts was disappointing those closest to him.
In 1896, Plessy v. Ferguson, essentially reprising Dred, cited the "established usages, customs, and traditions of the people" in affirming the constitutionality of Jim Crow laws.
Justice Scalia went out of his way to affirm the constitutionality of the pre-1984 federal system, which allowed judges to give sentences within wide statutory limits.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com