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Gail: If there is anything the Roberts court has taught us, it's that constitutionality is in the eye of the beholder.
"The Patriot Act's incredibly broad surveillance provision purportedly authorizes an order of this sort, though its constitutionality is in question and several senators have complained about it," the Center for Constitutional Rights said in a statement.
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The struggle to open new schools and accommodate growing populations can be difficult even in districts where the board's constitutionality is not in question.
But that doesn't mean that judges should rubber-stamp such arrangements when their constitutionality is challenged in court.
The problem is that constitutionality is sometimes in the eye of the beholder, and attorneys general are political creatures who might be inclined to use this new power on behalf of the proposals they like and against the ones they don't.
The petition urged the justices to intercede "in this very important case" to uphold "the right of the people to cause their elected representatives to change laws which have been found to have detrimental consequences". Votes from four of the seven justices are required to put the law into effect while its constitutionality is determined in court.
Already, its constitutionality is being challenged in courts.
In 1996, he infuriated gay supporters by signing the Defense of Marriage Act, whose constitutionality is being considered this week in one of the same-sex marriage cases before the Supreme Court.
Similar laws adopted in Oklahoma and North Carolina are now blocked by federal court order until their constitutionality is determined.
And their constitutionality is certainly questionable.
Moreover, in at least one other important respect the Act does not resemble the mortgage moratorium legislation whose constitutionality was upheld in the Blaisdell case.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com