If mapmakers use these extremely sophisticated tools, she argued, courts should also have them at their disposal to evaluate the constitutionality of district lines.
Presumably, the reference is to the Supreme Court's 1992 decision Planned Parenthood v. Casey, which adopted the "undue burden" standard for evaluating the constitutionality of restrictions on abortion.
With close to 1,000 arrests each day filling the Criminal Court, there is ample opportunity for judges daily to evaluate the constitutionality of police behavior.
In the five weeks since the Supreme Court agreed to examine how courts should evaluate the constitutionality of lethal injection, in a case from Kentucky, Baze v. Rees, No. 07-5439, the national picture has become increasingly confused.
Last summer, when it came time to evaluate the constitutionality of so-called partial-birth abortion laws, O'Connor provided a fifth vote for Stephen Breyer's expansive 5-4 decistrikingiking down 31 state laws that restrict late-term abortions.
"This is pretty scientific by this point". If mapmakers use these extremely sophisticated tools, she argued, courts should also have them at their disposal to evaluate the constitutionality of district lines.
The court did not scrap complicated legal balancing tests it has used to evaluate the constitutionality of governmental religious statements, as some supporters of the public display of the commandments had urged.
Brief for Petitioner at 10. What follows may be called a "battle of the standards," with each party arguing for a different standard by which to evaluate the constitutionality of arrests.
But our task is not to judge I 872 based on its promoters' assertions about its similarity, or lack thereof, to the unconstitutional primary; we must evaluate the constitutionality of I 872 on its own terms.
