You can argue the merits and demerits of originalism until you are blue in the face, but on the question of whether originalism somehow transforms conservative activism into something else, Keck is very persuasive: The doctrine does not have a privileged claim on interpreting the Constitution, and when the Court invalidates
a congressional statute it is in activist mode--even if the Justices are certain that the Framers themselves (whether through the Federalist Papers or by means of Vulcan mindmeld) are commanding them to throw Congress' work on the compost pile.
The court said that in general there is no reason to invalidate
a legislative act on the basis of consideration of funds coming from outside the governmental unit because the courts defer to legislative findings and choices without regard to motive.
Adding a new garage or extension can also invalidate
your buildings policy if you fail to update your insurance company - this means that any claim, however minor or unre-lated to your new garage or extension, can be rejected.
Congress's intent in enacting section 163(h) was to disallow noncorporate taxpayers' nonbusiness interest deductions, not to invalidate
prior case law (such as Standing [4th Cir.
14, 2015 /PRNewswire/ -- The Patent Trial and Appeal Board (PTAB) on Friday issued final written decisions granting Global Tel*Link's request to invalidate
two Securus Technologies patents, including the "crown jewel" of Securus' patent portfolio.
He expressed concern about a ruling that would invalidate
only portions of the law.
In its brief, TEI acknowledged that the Supreme Court had previously invoked the Commerce Clause to invalidate
a number of state taxing schemes that unreasonably burdened interstate commerce by discriminating between in-state and out-of-state taxpayers.
Using a non-franchised dealer will not invalidate
This tool would allow Congress to invalidate
a regulation within 60 legislative days of its issuance.
The proposal would invalidate
a check-the-box election if an "extraordinary transaction" occurs within a specified time period.
Friedman for an injunction to invalidate
the board's decision.
Radical feminists invalidate
science on the grounds that it, like all other forms of human knowledge, is necessarily selective and provisional.