Despite their good intentions, such prohibitions should not survive constitutional scrutiny.
"One would have to be awfully clumsy to write voucher legislation that could not pass constitutional scrutiny."
Still, some legal scholars in the state wonder whether the law, if enacted, would survive constitutional scrutiny.
The Oklahoma act could not withstand constitutional scrutiny in that case, Clark wrote.
The action left in place a system under which the length of time a person spends on death row is free of constitutional scrutiny.
Thus far, the current New York law has survived constitutional scrutiny.
If changes are genuinely to improve the system, they must be able to withstand constitutional scrutiny.
Mr. Nelson had earlier said he would probably sign an bill that held up to constitutional scrutiny.
This could not stand up to constitutional scrutiny.
The proposed bill has passed a lot of constitutional scrutiny.