A truly progressive constitutional project needs to go beyond simply upholding regulations challenged in court.
Mr Bush has upheld regulations requiring diesel fuel to be cleaned of most of its pollutants.
Throughout his long tenure on the Court, he had dissented, often in strident terms, anytime his colleagues upheld regulations in that area.
A Federal appeals court, ruling in a closely watched case, today upheld regulations that restrict the nation's regional Bell companies from entering the electronic publishing business.
In 1990, she said, a state court upheld regulations requiring mandatory rubella vaccinations and annual tuberculosis testing for health care workers, ruling that the regulations were tailored to make hospitals safe places to get well.
It cannot, therefore, be sustained under our cases upholding regulations of activities that arise out of or are connected with a commercial transaction, which viewed in the aggregate, substantially affects interstate commerce. Ibid.
In such cases it is established that it is the duty of courts, before upholding regulations of patrolling, 'to weigh the circumstances and to appraise the substantiality of the reasons advanced in support of the regulation of the free enjoyment of the rights' of speech and press.
This time it lamented the industry's inability to break free from its malaise after the Federal Communications Commission upheld regulations that allow large long-distance carriers like AT&T and WorldCom to lease access to the networks of the Bell companies to provide local phone service at relatively inexpensive rates.
Among the rulings he was proudest of, his law former clerks said, were a 1980 decision upholding regulations barring sex discrimination in education, a 1987 decision applying the principle of one-person-one-vote to New York City's Board of Estimate, and a 2000 decision allowing illegal immigrants to challenge deportation orders in court.
A federal appeals court on Tuesday upheld regulations adopted by the Environmental Protection Agency to cut mercury and other emissions from large power plants, a setback for states and energy trade groups that have been challenging Clean Air Act regulations during the Obama administration.
