Further claims could be based on the dormant commerce clause, Substantive Due Process, or the Equal Protection Clause.
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His argument was simple: DOMA violated the Equal Protection clause of the Constitution by discriminating against homosexual couples.
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Bush's lawyer argued that the lack of a standard for hand-counting ballots violates the equal protection clause of the Constitution.
The equal protection clause states that no state shall deny to any person within its jurisdiction the equal protection under the law.
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The constitution is as clear about the right to vote thanks to the equal protection clause as it is murky on the right to abortion.
The suit seeks compliance with the Voting Rights Act of 1965, the Voting Registration Act of 1993 and cites the equal protection clause in the Constitution.
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The 9th Circuit Court of Appeals has ruled that the California ban on gay marriage violates the equal protection clause of the 14th Amendment to the United States Constitution.
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That court found, in her favor, that the Defense of Marriage Act violates the Constitution's equal protection clause and thus she shouldn't have had to pay an inheritance tax after her partner's death.
It was most recently rejected by the 2nd Circuit Court of Appeals in New York, which ruled 2 to 1 on October that it violated the equal protection clause of the Constitution.
Thirteen state attorney generals sent a letter to congressional leaders saying that if a Nebraska clause isn't in the final health care bill that they would bring legal action, based on equal protection clause and arbitrary spending.
Uses the Fourteenth Amendment, Equal Protection clause.
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The Court has not used the equal protection clause to create a new category of people who need extra legal defenses in three decades, largely because doing so disrupts the ebb and flow of the ordinary political process.
Texas (2003), Kennedy sided with the liberal justices in ruling that a Texas law banning certain types of sexual activity by gay couples which were completely legal for straight couples violated the equal protection clause and, therefore, was unconstitutional.
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The problem for Scalia and Thomas is that the original intent of those who framed the 14th Amendment appears to make it clear that they very much intended for certain, distinct classes to be advantaged by the Equal Protection Clause they originated.
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The key danger, in my view, lies in the possibility that the same court will insist that the Equal Protection Clause requires the adoption of some antidiscrimination laws to protect gays, which I would regard as a historical blunder of the first order.
If you subscribe to the importance of the Equal Protection Clause of the United States Constitution, it becomes difficult to take a position that the existence of affirmative action was ill conceived from the outset as to deny that certain defined segments of American society were disadvantaged by who they are would be to deny reality.
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Not surprisingly, this argument concludes by warning against the slippery slope: if you outlaw sharia because it includes some dirty water around the globe, you will have effectively outlawed all such religious and private adjudicative bodies unless you are going to discriminate against the law of Muslims, which would violate the First Amendment and the Equal Protection clause of the Constitution.
Assuming that an honest interpretation the Constitution, particularly the 14th Amendment and its Equal Protection Clause, leads the Court to once again confirm the constitutionality of affirmative action programs (as they have historically done), we can then address the political question of whether or not affirmative action programs were ever appropriate and if they were whether they still necessary to meet the goals for which they were intended.
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In the Seattle case, the Court ruled by a five-to-four vote that the integration plan did indeed violate the equal-protection clause of the Constitution, and Roberts assigned himself the opinion.
There, the justices are weighing whether the University of Texas' affirmative-action program, which the school says can give an edge to some minority applicants, violates the 14th Amendment's equal-protection clause.
The lawsuit claims the policy violates the Constitution's Fourth Amendment, which prohibits illegal searches and seizures, as well as the equal-protection clause of the 14th Amendment, which is often invoked to fight laws seen as racially discriminatory.
The Center for Constitutional Rights claims stop-and-frisk violates the Constitution's Fourth Amendment, which prohibits illegal searches and seizures as well as the equal-protection clause of the Fourteenth Amendment, which is often invoked to fight laws seen as racially discriminatory.
The Center for Constitutional Rights claims the stop-and-frisk policy violates the Constitution's Fourth Amendment, which prohibits illegal searches and seizures as well as the equal-protection clause of the Fourteenth Amendment, which is often invoked to fight laws seen as racially discriminatory.
The Center for Constitutional Rights, which brought the lawsuit on behalf of several individuals, claims the policy violates the Constitution's Fourth Amendment, which prohibits illegal searches and seizures, as well as the equal-protection clause of the Fourteenth Amendment, which is often invoked to fight laws seen as racially discriminatory.
His favourite clause of the constitution was the 14th amendment, which guarantees due process and equal protection of the laws.
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