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This past January, David Popenoe was invoked in Perry v. Schwarzenegger, the California suit testing the constitutionality of Proposition 8, the 2008 Marriage Protection Act.
In another disturbing move against openness, in January the Supreme Court's conservative majority barred the planned video-streaming of the San Francisco trial testing the constitutionality of Proposition 8, the ballot initiative in California outlawing same-sex marriage.
In what may signal a heightened significance for a case testing the constitutionality of a 1998 digital copyright law, a panel of appeals court judges has asked both sides of a case to answer a list of 11 questions on whether computer code can qualify as free speech.
In what he described as a "first shot across the bow," Anthony D. Romero, the executive director of the American Civil Liberties Union, said that his organization filed a federal class-action lawsuit in 2010 aimed at testing the constitutionality of immigrants' right to counsel.
In the Supreme Court, for instance, the justices have been debating for years the virtues of "originalism", a doctrine which says that in testing the constitutionality of modern law, the court should return to what the framers of the constitution originally meant in the late 18th century (as if anyone could know).
Achieving standing isn't the only obstacle to testing the constitutionality of government surveillance.
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The federal government then sought an expedited hearing in the High Court to test the constitutionality of the law.
Various groups say they are poised to contest any penalties through the court system, in part to test the constitutionality of the new law.
South Africa's courts have the opportunity to review the JSC's deliberations and to test the constitutionality of the new bill regulating lawyers.
Strictly speaking, the habeas process is not an appeal, but rather a new civil case brought by a prisoner to test the constitutionality of a sentence.
Mr. Monserrate's lawsuit seeks to test the constitutionality of a law that gives the Legislature the authority to remove its own members.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com