An appeals court ruling finding an unconstitutionally vague and overly broad law in Utah that prevents cable television systems from showing “indecent material” is summarily upheld. (c) intervention; Final decision on the merits. Unless the court sets a later date, the Attorney General may intervene within 60 days of the notice being given or the contestation confirmed, whichever comes first. Before the expiry of the intervention period, the court may reject the constitutional complaint, but may not issue a final judgment declaring the law unconstitutional. A California law requiring a person detained in a valid Terry control to require “credible and reliable” identification is unconstitutionally vague and violates the Fourteenth Amendment clause. An obscenity law in Oklahoma empowering a commission to investigate delinquent parties and recommend prosecution is authoritative on Bantam Books v. Sullivan, 372 U. p. 58 (1963).
A Georgian law that criminalizes the use of language by or to another person that tends to cause a breach of the peace, that is not limited to “words of combat”, is unconstitutionally vague and too broad. Missouri`s abortion law, which, among other things, required the consent of both spouse and parents before an abortion could be performed in appropriate circumstances, and which prohibited the abortion procedure of saline amniocentesis after the first 12 weeks of pregnancy, was an unconstitutional violation of the liberty of pregnant women who wanted to terminate their pregnancies. A Connecticut law that criminalizes the use of a drug or article to prevent conception is an unconstitutional invasion of the privacy of married couples. The rule proposed for adoption introduces into subsection (c) the matters specified in the Committee`s published note, but not in the text of the Article. The court may reject a constitutional complaint at any time, but may not issue a final judgment declaring a law unconstitutional before the expiry of the intervention period. A district court decision declaring Connecticut`s secular education in non-public schools unconstitutional is upheld. A New York law requiring a utility to provide its service in such a way that all of its facilities had to be rebuilt at a price at which no return could be obtained below established rates deprived the utility of its ownership without due process. A West Virginia gross income tax on businesses that sell tangible goods wholesale is unconstitutionally discriminatory against interstate commerce because it exempts local manufacturers. A district court decision declaring New York`s laws on the geographical distribution of signatures on candidates` petitions unconstitutional and discriminating against the ability of independent candidates to obtain signatures in a manner that is absent from major party candidates is summarily upheld. A South Carolina law requiring a permit for shrimp owners, which was $25 per boat for residents and $2,500 per boat for non-residents, clearly discriminated against non-residents and violated the privileges and immunities clause of Article IV, § 2. The same law imposed an unconstitutional burden on interstate commerce by requiring all vessels authorized to search for shrimp in South Carolina waters to dock in the state and properly unload, pack, and stamp their catch before being shipped or transported to another state.
A Missouri congressional district law is unconstitutional because population deviations from the exact mathematical equality between districts were not inevitable. A Texas gross income tax, to the extent that it was levied on railroad revenues that included revenues from interstate trade, unconstitutionally encumbered interstate commerce. A Michigan law that provides for the appointment of appellate counsel in court for impoverished criminal defendants pleading Nolo Contendere or guilty at his discretion is unconstitutional in that it deprives those who need the right to appoint a defense attorney to seek “first-level review” before the Michigan Court of Appeals. A district court decision declaring unconstitutional under the trade clause a Texas law prohibiting anyone from taking water from underground sources in the state without legislative approval is upheld. A Florida law requiring prayer and devotional reading in public schools is unconstitutional. Oklahoma`s aggravating circumstances allowing the death penalty to be imposed after a jury determined that murder was “particularly heinous, cruel, or cruel” are unconstitutionally vague and violate the Eighth Amendment. An Ohio law requiring independent presidential and vice presidential candidates to file nomination applications by March 20 to qualify for the November election is unconstitutional because it significantly interferes with the rights of association of candidates and their supporters. Unless the court sets a later date, the 60-day intervention period begins to run from the time a party makes a communication on a constitutional question or from the time the court confirms a constitutional complaint, whichever comes first. Rule 5.1(a) requires a party to notify the constitutional question without delay. The court may extend the 60-day time limit on its own initiative or on request. An opportunity for renewal may arise if the court allows a challenge under section 2403 after a party has filed an opinion on a constitutional question.
Pre-litigation activities may continue without interruption during the intervention period and the court retains the power to grant interim measures. The court may dismiss a constitutional challenge to a law at any time. However, the court cannot make a final judgment declaring a law unconstitutional until the Attorney General has responded or the time limit for intervention has expired without a response. This rule does not replace any of the legal or due process procedures that allow for the dismissal of an application, in whole or in part, including a constitutional challenge, at any time, including before service of the proceeding. A Kansas law that required foreign companies engaged in interstate commerce to obtain a license and file financial statements as a condition of authorizing and retaining the right to do business in that state, and prohibited such foreign companies from filing actions in Kansas courts unless these conditions were met, was an unconstitutional burden on interstate commerce. An oath of allegiance in Maryland is unconstitutionally vague when read with surrounding permission and additional regulations that violate the right to unionize. A Kentucky law regulating tolls on the bridge over the Ohio River was an unconstitutional regulation of interstate commerce. An Ohio law allowing the death penalty for first-degree murder unconstitutionally restricted the sentencing party`s consideration of mitigating circumstances. A law in Louisiana imposing a tax on gross revenues from the sale of advertisements by newspapers with a circulation of more than 20,000 copies per week unconstitutionally restricted freedom of the press and violated the due process clause of the Fourteenth Amendment. A Massachusetts law that criminalizes giving contraceptives to an unmarried person, except to prevent illness, is unconstitutional.
A Wisconsin law that allowed foreign insurance companies to do business in the state after agreeing not to withdraw lawsuits in federal courts was an unconstitutional condition. The Louisiana Shrimp Act, which allowed shrimp to be transported in Louisiana tidal waters only if the heads and cockles had been removed beforehand, and which was intended to promote the preservation of shrimp for the interstate market in Louisiana, was unconstitutional; Those who took the shrimp were immediately allowed to ship them in interstate trade. An Indiana law requiring all abortions, including those performed in the first trimester of pregnancy, in a licensed hospital or health care facility was declared unconstitutional by the district court and the decision is summarily upheld. However, governments not only create laws, but also enforce the laws set out in the document defining the government, the Constitution. In the United States, failure to send and hold duly elected representatives after a proper election is unconstitutional, even though there are no legal laws.