Libowitz says that evidence suggests that they are engaging in an increasingly "impermissible amount of politics". And that, he says, is clearly of interest to a lot of people.
Writing for the New Jersey Supreme Court, Chief Justice Stuart Rabner said the grant program amounted to impermissible state support of religion.
Obliging people to use their private property as a mobile billboard for the States ideological message amounted to impermissible compelled expression.
"Not only do these policies cause significant hardship and anxiety, but they also amount to impermissible backward steps in relation to disabled people's human rights, contrary to the UN human rights framework".
The appeals court upheld most of the welfare law's restrictions, but said that the prohibition on challenging existing law amounted to impermissible viewpoint discrimination because it "clearly seeks to discourage challenges to the status quo".
Last year a federal appeals court in New York correctly struck down the provision because its attempt to "discourage challenges to the status quo" amounted to impermissible "viewpoint discrimination" by the government.
He concluded that the government has a right to force companies to provide factual information about smoking's harm, but he found that the images were crafted to evoke an emotional response and likely amounted to impermissible government advocacy against smoking.
Writing for the majority, Justice Anthony Kennedy strongly seconded the reasoning used by a federal appeals court in New York two years ago when it struck down the provision on the grounds that its attempt to "discourage challenges to the status quo" amounted to impermissible viewpoint discrimination under the First Amendment.
Scalia's opinion for the Court in Printz v. United States concluded that the law amounted to an impermissible federal intrusion on states' rights.
Though the Supreme Court never took that position, the Justice Department contended in the 1990 round of redistricting that any reduction in the percentage of minority voters in a district amounted to an impermissible "retrogression," or reduction, of minority voting rights.
Nor can one say that the court's ultimate determination is so unreasonable as to amount to a constitutionally "impermissible distortion" of Florida law.
