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But, he added, "by injecting the issue of constitutionality into it, by ignoring the Congress," Mr. Obama on Friday made it that much harder to find a long-term solution.
First, there's the issue of constitutionality: You can't exempt a group of people from laws for sentimental reasons, even if they are fighting (or about to fight) in a war.
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Let me pinpoint the issue on constitutionality of the statute, the Freedom of Access to Clinic Entrances.
When analyzing issues of constitutionality, especially with regards to equal protection and due process issues, courts generally apply a balancing-test analysis between the government's legitimate interest versus whether the measures they have adopted are sufficiently related to furthering and purpose as well as whether they are sufficiently narrowly tailored and minimally burdensome.
The issue of the constitutionality of that law is now pending before the courts.
The issue of the constitutionality of Nightwatch tactics has already been the subject of at least one court case.
He says he studied the proposals and the law, read blogs and reached out to Washington lawyers and academics who raised the issue of its constitutionality.
It was hard, if not impossible, to discern from the arguments today where the Supreme Court would end up on the issue of the constitutionality of Proposition 8 if the case does survive the standing question.
Christopher Clark, senior staff attorney at Lambda Legal, a legal group working for lesbian and gay civil rights, said that the issue of the constitutionality of gay marriage was likely to come back to face the justices before too long.
While both sides now look to the appellate courts to settle the threshold issue of the constitutionality of the bulk surveillance effort, it is likely that the losing sides will attempt to convince the supreme court to settle the question.
E-mail address GO SIGN UP Share Tweet It was hard, if not impossible, to discern from the arguments today where the Supreme Court would end up on the issue of the constitutionality of Proposition 8 if the case does survive the standing question.
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Justyna Jupowicz-Kozak
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