The bill, SB1611, seems bound for challenges over its constitutionality, as it runs up against the Supreme Court's 1982 decision in Plyler v. Doe, which explicitly prohibits states from discriminating against young students for their immigration status.
The court held that it looked enough like a tax for its constitutionality to be judged on Congress's power to tax.
In September 1976, not long after the Irish Republican Army IRAassassinatedthe the British ambassador, Ó Dálaigh referred an Emergency Powers Bill (designed to frustrate the terrorist activities of the IRA) to the Supreme Court for consideration of its constitutionality before signing it into law.
But solicitor general Donald Verrilli was not at the top of his game in arguing for its constitutionality, and stumbled over some questions, while Paul Clement, his foe Republican super-lawyer, delivered the Greatest Oration of All Time.
But the solicitor general, Donald Verrilli, was not at the top of his game in arguing for its constitutionality, and stumbled over some questions, while Paul Clement, his foe Republican super-lawyer, delivered the Greatest Oration of All Time.
Others, such as Georgia, have suggested that they will continue to follow the law until its constitutionality is settled once and for all.
Maduro also had the option of referring the legislation to the Supreme Court for review of its constitutionality.
He took on President Lyndon B. Johnson and almost succeeded in amending the Voting Rights Act of 1965 to explicitly ban the poll tax at the state and local level (rather than just directing the Attorney General to challenge its constitutionality there), thereby gaining a reputation for legislative skill.
There's no need to wait for a court decision on its constitutionality.
"But that does not affect its constitutionality".
