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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.
In evaluating the constitutionality of the U.S.A. Patriot Act as well as new technologies of surveillance adopted after Sept. 11, the court will have to determine whether the Constitution requires that the most intrusive searches be reserved for the most serious crimes.
(a) United States v. Martinez-Fuerte, 428 U.S. 543 -- which utilized a balancing test in upholding checkpoints for detecting illegal aliens -- and Brown v. Texas, supra, are the relevant authorities to be used in evaluating the constitutionality of the State's program.
This test, however, cannot be the right test for evaluating the constitutionality of intelligent design.
Ginsburg dissent: "Rather than evaluating the constitutionality of the minimum coverage provision in the manner established byour precedents, THE CHIEF JUSTICE relies on a newly minted constitutional doctrine.
It proposes a framework for evaluating the constitutionality of campaign-finance regulations that differs from the one currently employed by the Supreme Court.
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The council that ruled on Tuesday evaluates the constitutionality of French laws; its members include former presidents of France.
If mapmakers use these extremely sophisticated tools, she argued, courts should also have them at their disposal to evaluate the constitutionality of district lines.
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.
The council, which evaluates the constitutionality of proposed laws, ruled late Tuesday that the bill contained too many exemptions for polluters, broke with past practices and threatened to make tax collection unfair.
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.
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