28) Subsequently, the Court became more active, striking down
statutes at a higher rate, either on behalf of a liberal rights agenda or a conservative rights agenda.
Justices "seemed to find all the available options unappetizing in various respects, with the exception of Justice Scalia who I understood as pretty firmly convinced that the Court should avoid the complexity troubling the others by striking down
the entire statute," Russell stated.
Indeed, a careful review of the cases confirms that, while "the scope of the doctrine that bars discriminatory taxes has not been clearly delineated," (30) the Sixth Circuit distended the applicable precedents in striking down
Ohio's investment tax credit.
Here, the Supreme Court could uphold one display while striking down
In 1988, he joined a majority of the Court in acquitting Morgentaler and striking down
all protection in the Criminal Code for the lives of children in the womb.
Three months later, the court delivered its opinion, striking down
the Bowers case and invalidating sodomy laws across the country.
White, striking down
that state's restrictions on judicial campaign speech, and a federal appellate decision in Weaver v.
In striking down
the California law, Justice Stephen Breyer, writing for a largely liberal majority, said ``there is also a predominating constitutional interest in forbidding the state to revive a long-forbidden prosecution.
In striking down
OSHA's CCP, the court ruled that such new requirements should have gone through proper regulatory channels and should have been submitted for public comment.
Sunstein starts his analysis of the current Supreme Court with cases like the right-to-die case, the decision striking down
"male only" admissions to the Virginia Military Institute, and Romer v.
In its opinion striking down
the ordinance, the Court restated the general rule that there is a heavy presumption against a prior restraint of speech.
The Appeals Court unanimously agreed on August 15, striking down
the $5,000 fine and ordering a hearing to be held to determine the extent of property damage.