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CONSTITUTION

Christian Legal Society (CLS) Chapter of University of California, Hastings College of Law Vs. Nell Newton, et al

Constitution - Violation of fundamental rights - Denial of recognition to religious student group by law school - Alleged violation of right of expressive association, Free speech, free exercise of religion and equal protection rights - Whether a state law school can deny recognition to a religious student organization where the group requires its officers and voting members to agree with its core religious beliefs, thereby excluding gay students?

Held, freedom of association would prove an empty guarantee if associations could not limit control over their decisions to those who share the interests and persuasions that underlie the associations being - Punishing religious student groups for organizing around shared religious commitments decidedly does not facilitate the free and open exchange of ideas - Groups like CLS require adherence to their core viewpoints in order to safeguard the integrity and coherence of their distinctive messages - Such a practice is not invidious discrimination but instead a good faith effort to maintain expressive identity - Petition for writ of certiorari granted.

 

CRIMINAL

In Dillon Vs. United States

Criminal - Imposition of sentence by Court - Discretionary power vested in Court - Whether Federal Sentencing Guidelines are binding or are mandatory in application when a federal judge imposes a new sentence ?

Held, there is no law more fundamental than the Constitution. Requiring the Federal Courts to treat the Guidelines as binding because Congress and the Sentencing Commission have labelled certain proceedings in which defendants are given new sentences as less than full resentencings infringes on the courts duty to apply the constitution in resolving cases and controversies - The Sentencing Reform Act, as modified by Booker's remedial holding (United States V. Booker), prohibits guidelines sentencing ranges from being treated as mandatory - Petition granted.

 
     
 
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