"I will not abdicate my responsibilities as a district judge and turn a blind eye to the constitutional infirmities" of the law, Judge Takasugi wrote.
Yet the bill, as we read it, does nothing to "preserve" the civil marriage law, only its constitutional infirmity.
Importantly, Nebraska's own statutory scheme underscores this constitutional infirmity.
Where the two groups of justices parted company was on what should happen next, given the constitutional infirmity on which all agreed.
Laying aside the constitutional infirmities of this court's action today, what the majority actually creates is an overflowing basket of practical problems.
There are no constitutional infirmities in the creation of these courts.
In its 58-page decision yesterday, a three-judge panel said Proposition 71 "suffers from no constitutional or other legal infirmity."
Weak-minded, and beset with constitutional infirmities akin to my own, my parents could do but little to check the evil propensities which distinguished me.
Pitney argued that there was no constitutional infirmity.
Chief Justice White dissenting but concurring with a modification in the judgment of reversal, found no constitutional infirmity.