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Tag Archives: Constitutional

Racial inquiry excised from Virginia marriage applications (access required)

Where the state registrar was unclear about the court’s prior ruling regarding a race question on marriage applications, the ruling was clarified and she was directed to excise the race inquiry from the applications. Background This matter comes before the ...

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HHS no longer enjoined from recouping overpayments from provider (access required)

Where the Department of Health and Human Services was enjoined from recouping alleged overpayments of Medicare reimbursements from a health care provider until an administrative proceeding was completed, the injunction was vacated because the provider could seek expedited judicial review ...

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Vehicle correctly classified as autocycle in HOV case (access required)

Where defendant was convicted in district court for driving his autocycle in a high occupancy vehicle lane, the commonwealth did not violate the Supremacy Clause by classifying his vehicle as an autocycle rather than a motorcycle, which can be operated ...

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SC stopped from ending Planned Parenthood agreement (access required)

Where the Medicaid Act’s free-choice-of provider provision creates a private right enforceable under 42 U.S.C. § 1983 and the Medicaid recipient established she would suffer irreparable harm in the absence of a preliminary injunction, South Carolina was stopped from terminating ...

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Race question on marriage application burdens right to marry (access required)

Where the plaintiffs had standing to challenge a Virginia code section because they were denied marriage licenses after they refused to provide their race on the application, and where the Attorney General’s opinion that the statute did not require race ...

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Restriction on firearm sales upheld (access required)

Although statutes prohibiting firearm sales by federal firearms licensees to persons under 21 were challenged as a violation of both Second and Fifth Amendment rights, the statutes are facially valid and survived an as-applied challenge under intermediate scrutiny. Background Plaintiffs ...

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Jail did not violate prisoner’s religious rights (access required)

Although the single-vendor policy of the Virginia Department of Corrections substantially burdened the prisoner’s exercise of his religion by restricting the vendors from whom he could buy prayer oils, the policy served compelling interests in maintaining prison security and efficiency, ...

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Jail violated publisher’s rights, but damages are limited (access required)

Although an adult detention center violated the First Amendment and due process rights of Prison Legal News by implementing a policy that prohibited prisoners from receiving books or magazines from PLN, the publisher was awarded only a fraction of its ...

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Two abortion rules struck, remaining provisions upheld (access required)

Although two provisions of Virginia’s abortion statutes and regulations were invalidated or enjoined, the remaining provisions were upheld because they did not unduly burden a woman’s right to choose to have an abortion. Background At issue in this case is ...

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Judge strikes state’s marriage race question (access required)

Marriage License Signing FEA

Despite the state’s effort to avoid the constitutional implications of a Virginia law requiring couples to disclose their race when seeking a marriage license, a federal judge emphatically declared the law unconstitutional in an Oct. 11 ruling. Requiring the betrothed ...

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