Court of Appeals for the Sixth Circuit agreed, striking down
Three months later, the court delivered its opinion, striking down
the Bowers case and invalidating sodomy laws across the country.
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.
47) Over the course of the Court's history, it has been far more active in striking down state laws than federal laws.
The Court has been active throughout its history in striking down state and federal laws, but has generally decided more cases invalidating state laws than federal statutes.
Thus, we can normalize the Court's record of judicial review by controlling for the average number of cases striking down statutes in any given historical period.
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.
Indeed, since the Sixth Circuit rightly upheld the property tax exemption that DaimlerChrysler claimed regarding the new plant and equipment, while striking down the investment tax credit, it is difficult to fathom what type of incentives might survive scrutiny.
Arnold Schwarzenegger has delivered a key veto, striking down
a bill that would have raised California's minimum wage by $1 an hour.
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.
In its decision striking down
the ban on minors, the Supreme Court said that "minors enjoy the protection of the First Amendment" and added that "limitations on the amount that an individual may contribute to a candidate or political committee impinge on the protected freedoms of expression and association.
9th Circuit Court of Appeals striking down
public school recitation of the Pledge of Allegiance because of its religious content.
Evans, a 1996 ruling striking down Colorado's antigay Amendment 2, in which he accused his fellow justices of "terminal silliness" for "disparaging as bigotry adherence to traditional values.
Perhaps the biggest obstacle to gay equality under the law remains Bowers, in which the court came within a hairbreadth of striking down sodomy laws.
While the majority of the Court, in striking down
the RFRA, was technically correct, this ruling will nonetheless cause problems.