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"I think the court will uphold the statute by a lopsided majority".
The Supreme Court should uphold the statute on those narrow grounds.
His decision rejecting the constitutional attack on the Affordable Care Act did not simply make him the first Republican-appointed judge to uphold the statute.
The case was the first challenge of the law to reach the state's top court, which ruled unanimously, 6-0, to uphold the statute.
Most unusual judicial performance: Justice Alito having forfeited his usual spot on the First Amendment spectrum in the video games case, his place was taken by Justice Stephen G. Breyer, who voted to uphold the statute.
Few New Mexicans seem to realize this, and even fewer of the state's law-enforcement officials have ever chosen to uphold the statute, perhaps for lack of jail space.
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If the Court upheld the statute, it would create a new category of unprotected expression for the first time in twenty-seven years.
In December, Judge Marguerite T. Simon of Superior Court upheld the statute, holding that it did not place an "undue burden" on the right to abortion.
The pending petitions have been filed by a group of members of the House of Representatives, who have hired Paul Clement, solicitor general during the Bush administration, to press the case for upholding the statute.
But in a decision released Wednesday, the court upheld the statute, 5 to 2. "Law-abiding gun owners would face a confusing patchwork of licensing requirements, possession restrictions and criminal penalties as they travel from one jurisdiction to another" without a uniform statute, according to the ruling, written by Justice Evelyn Lundberg Stratton.
Chief Justice Roberts could conceivably be a sixth vote to uphold – the chief justice surrenders his power to assign the opinion if he joins with the dissenters, and if Kennedy's vote is lost, he may decide to try to moderate the opinion upholding the statute – but I think it's highly unlikely that he would be a fifth.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com