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But that move made the policy even less susceptible to any plausible constitutional attack.
Well, why aren't -- let me ask you that question, is there a constitutional attack on this statute being made?
Even when an administration believes a law to be bad policy or subject to plausible constitutional attack, the Justice Department almost always defends it in court.
His decision rejecting the constitutional attack on the Affordable Care Act did not simply make him the first Republican-appointed judge to uphold the statute.
The plans may also be vulnerable to the same sort of constitutional attack that is now aimed at the Michigan plans.
However, the government by then had stopped using that clause, in an effort to address the Supreme Court's concerns and save the overall program from constitutional attack.
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On the issue of abortion, Mr. Ashcroft swore that his 30-year history of legislative and constitutional attacks on abortion rights would not lead him to oppose the "settled law" supporting those rights.
Eric Berger, an assistant professor at the University of Nebraska College of Law who has written on lethal injection, said the decision narrowly read the Supreme Court's opinion, in order to limit constitutional attacks on the practice.
A12 Challenges to Megan's Laws Megan's Laws, which require sex offenders to make their whereabouts known, have been magnets for constitutional challenges, attacked by civil liberties groups and former offenders for imposing new punishment for old crimes.
The laws have been magnets for constitutional challenges, attacked by civil liberties groups and former offenders for imposing new punishment for old crimes and for violating principles of due process, double jeopardy and the right to privacy.
He is just the latest in a growing gang of elected strongmen who have gone on to attack constitutional restraints on their power in Turkey, Russia, Hungary, Poland and the Philippines.
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