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"It's really a question for them of institutional integrity to continue to defend the constitutionality of statutes," she said.
The 1947 court, therefore, was intended to have the freedom to work independently of the government and to decide the constitutionality of statutes and administrative decisions.
WASHINGTON —The Obama administration on Friday said it would not defend the constitutionality of statutes blocking same-sex military spouses from receiving marriage benefits — including rights to visitation in military hospitals, survivor benefits, and burial together in military cemeteries.
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A grudging footnote in a brief to the United States Court of Appeals for the Ninth Circuit before the Congressional repeal explained, "The Department of Justice in this case has followed its longstanding practice of defending the constitutionality of federal statutes as long as reasonable arguments can be made in support of their constitutionality".
Accordingly, he rejected Virginia's contention that the constitutionality of the statutes, given their presumptive compatibility with the equal protection clause, should depend solely on whether they served a rational purpose a question best left to the wisdom of the state legislature, Virginia argued, in light of doubtful scientific evidence.
Because DOMA is a federal law, a Supreme Court decision striking it down would not be particularly momentous on a procedural level: it is the Court's prerogative to have the final say on the constitutionality of federal statutes.
In a case such as this, which is grounded in multiple days of conflicting testimony, which is challenging the constitutionality of state statutes, and which is implicating important policy questions, I would expect the court itself to write up a detailed decision with findings of fact and conclusions of law in support of the judgment.
Unlike the U.S. Supreme Court, the Federal Constitutional Court exercises what is termed abstract judicial review; under this jurisdiction the federal or a state government or one-third of the members of the Bundestag may petition the court on the constitutionality of a statute, even before the statute has taken effect.
SENATOR WYDEN -- But it challenged the constitutionality of the statute, Ms. Norton.
"Until they do, the constitutionality of the statute will remain in doubt".
Let me pinpoint the issue on constitutionality of the statute, the Freedom of Access to Clinic Entrances.
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.

Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com