Although the case is best known for having transformed the law in terms of school desegregation, it also provided the initial constitutional rationale for affirmative action.
But in deciding it, the court may still have to examine more generally the constitutional rationale for limits on the use of money in politics.
Conservatives distraught about the survival of the individual mandate are missing the considerable consolation prize they won when the Supreme Court rejected a constitutional rationale for the mandate — Congress's rationale — that was pregnant with rampant statism.
In addition, the Republicans' embrace in the last few years of eliminating the so-called partial-birth procedure allowed the party to maintain its anti-abortion position in a way that is more palatable to many voters than suggesting overturning the Supreme Court's constitutional rationale allowing abortion.
Instead of accepting the status quo, Congress could use this premise (obvious to everyone but the justices) to enact new limits on contributions to "independent" groups; it could invoke the constitutional rationale that such contributions have the ability to corrupt federal officeholders and government decisions.
— As Gov. Rick Perry of Texas begins his presidential campaign, he is working hard to position himself as the leading Republican champion of states' rights, using his high-profile battles with Washington and his book on the dangers of federal power to build an ideological and constitutional rationale for his fierce anti-Obama message.
But the Constitutional rationale in Robert's majority opinion will make it more difficult for the Federal government to regulate private businesses in the future.
WASHINGTON ― Here's a not-so-reassuring thought about President Donald Trump's strikes against Syria: Even though most members of Congress praised him for punishing Bashar Assad, none of them actually knew the legal and constitutional rationale that supported the action.
But however they approach their task, they seem fated to make new law, simply by virtue of their role in the constitutional order.Nevertheless, the rationale for judicial review remains: it is a legitimate check on elected legislatures because they are, by their nature, imperfect representatives of the popular will.
The original rationale for constitutional parsimony still stands.
