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Does the First Amendment Permit a State to Specify and Define the Composition of State Courts by Reference to the Political Party of the Judges?

Authors :
Schwinn, Steven D.
Source :
Preview of United States Supreme Court Cases; 3/23/2020, Vol. 47 Issue 6, p23-26, 4p
Publication Year :
2020

Abstract

Severability The state argues that the bare-majority requirement is severable from the major-party requirement and that the Court can therefore strike the major-party requirement (if it must) without also striking the bare-majority requirement. Moreover, the state claims that the bare-majority requirement can stand alone, independent of the major-party requirement, as it stood for 54 years before the state adopted the major-party requirement, and as it currently stands for the state's Family Court and Court of Common Pleas. [Extracted from the article]

Details

Language :
English
ISSN :
03630048
Volume :
47
Issue :
6
Database :
Complementary Index
Journal :
Preview of United States Supreme Court Cases
Publication Type :
Periodical
Accession number :
162067335