Strike Down VERIFIED

Gov. Kristi Noem instigated the legal fight to strike down the amendment passed by voters in November. Though the Republican governor opposed marijuana legalization as a social ill, her administration's arguments in court centered on technical violations to the state constitution.

strike down

South Dakota Gov. Kristi Noem instigated the legal fight to strike down the amendment that legalized recreational marijuana passed by voters in November. Here, Noem speaks in Des Moines, Iowa, in July 2021. Charlie Neibergall/AP hide caption

A federal judge in Texas struck down a key provision of the Affordable Care Act (ACA) that requires insurers and employers to cover preventive services for free, including cancer screenings and HIV drugs.

The United States Supreme Court has struck down a New York gun safety law which requires people to show "proper cause" to get a license to carry a concealed handgun outside the home, delivering a major win for Second Amendment advocates.

strike down (third-person singular simple present strikes down, present participle striking down, simple past struck down, past participle struck down or stricken down)

On July 16, 2020, the Court of Justice of the European Union (CJEU) struck down the EU-U.S. Privacy Shield as a valid mechanism for transferring personal data from the European Economic Area (EEA) to the United States (Schrems II). The European Commission Standard Contractual Clauses (SCCs) for data transfers remain valid but are subject to increased due diligence on the part of data exporters to ensure that the privacy laws of the importing country are adequate. Below, we discuss the background to Schrems II, the judgment itself and key takeaways.

Once called "the strike heard round the world,"1 the first major labor dispute in the U.S. auto industry ended after General Motors signed a contract with the United Auto Workers Union on February 11, 1937.

1936 would prove pivotal. In July of 1936 there were hundreds of deaths in auto plants in Michigan that were thought to be a result of a heat wave combined with difficult working conditions3. On November 12, 1936, three welders participated in a "quickie sit-down" strike and were fired when they arrived to work the next day. Their firing resulted in a sit-down protest of 700 men on November 13 at the Fisher Body No. 1, until the the three men were rehired later that day. This success "had an electrifying effect on Flint's auto workers," and saw United Automobile Workers union membership growing from approximately 150 to 1500.4 On December 30, 1936, General Motors workers started their sit down strike, which at the time was legal, gaining control of the Body Plant Number One in Flint. On January 1, 1937, workers controlled a second Plant in Flint. Although the strike was gaining power, some of the General Motors' plants were still running - most notably Chevy Plant Number Four, the largest plant owned by GM. But on February 1, 1937, the striking workers took control of this plant.

By remaining inside the plants strikers were protected from both violence and weather as well as from the threat of being replaced with other workers unwilling to go along with the strike. Inside the plants the striking workers were playing board games, organizing concerts, and giving lectures. Outside, union supporters arranged for food to be delivered to the strikers. After 44 days of striking, GM President Alfred P. Sloan announced a $25 million wage increase to workers and recognition of the union.5

This was the first major victory for unionization in America's history and its consequences were dramatic; within two weeks, 87 sit down strikes started in Detroit alone. Packard, Goodyear, and Goodrich announced immediate wage increases. Within a year, membership in United Auto Workers grew from 30,000 to 500,000 and wages for autoworkers increased by as much as 300%. This strike marked the beginning of decade of intense union activity.6

Editor's note: An earlier version of this article incorrectly listed November 12, 1936 as the first day of the strike. The text was updated on December 30, 2022 to clarify the November 12 strike was a smaller, separate strike than the one that began on December 30, 1936 and lasted 44 days, until February 11, 1937.

In this case, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). A suit was brought under this Act, but the Supreme Court noted that the Constitution did not permit the Court to have original jurisdiction in this matter. Since Article VI of the Constitution establishes the Constitution as the Supreme Law of the Land, the Court held that an Act of Congress that is contrary to the Constitution could not stand. In subsequent cases, the Court also established its authority to strike down state laws found to be in violation of the Constitution.

The Supreme Court plays a very important role in our constitutional system of government. First, as the highest court in the land, it is the court of last resort for those looking for justice. Second, due to its power of judicial review, it plays an essential role in ensuring that each branch of government recognizes the limits of its own power. Third, it protects civil rights and liberties by striking down laws that violate the Constitution. Finally, it sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm and/or take undue advantage of unpopular minorities. In essence, it serves to ensure that the changing views of a majority do not undermine the fundamental values common to all Americans, i.e., freedom of speech, freedom of religion, and due process of law.

Gesley, Jenny. Germany: Constitutional Court Strikes Down Provision Criminalizing Commercial Assisted Suicide. 2020. Web Page. -legal-monitor/2020-04-29/germany-constitutional-court-strikes-down-provision-criminalizing-commercial-assisted-suicide/.

Gesley, J. (2020) Germany: Constitutional Court Strikes Down Provision Criminalizing Commercial Assisted Suicide. [Web Page] Retrieved from the Library of Congress, -legal-monitor/2020-04-29/germany-constitutional-court-strikes-down-provision-criminalizing-commercial-assisted-suicide/.

Republicans originally asked the court for a six-day stay which would have kept the current "Safer at Home" order in place while a new one is negotiated to replace it. But the court instead decided to strike down the order effective immediately.

But in a written statement issued Wednesday night, Assembly Speaker Robin Vos, R-Rochester, and Senate Majority Leader Scott Fitzgerald, R-Juneau, suggested they were comfortable without any new order from the state to replace the one that the court struck down.

\"Because I cannot agree with the Court's decision to strike New York's law down without allowing for discovery or the development of any evidentiary record, without considering the State's compelling interest in preventing gun violence and protecting the safety of its citizens, and without considering the potentially deadly consequences of its decision, I respectfully dissent.\"

The Constitution of the United States demands that all Americans be treated equally. Proposition 8, which says same-sex couples may not marry, plainly does not do that. It is unconstitutional, and the court should strike it down as plaintiffs ask.

The healthcare.gov website is seen on Dec. 14, 2021, in Fort Washington, Md. A federal judge in Texas who previously ruled to dismantle the Affordable Care Act struck down a narrower but key part of the nation's health law Thursday, March 30, 2023, in a decision that opponents say could jeopardize preventive screenings for millions of Americans. (AP Photo/Alex Brandon, File)

With Prime Minister Benjamin Netanyahu reiterating Thursday night that the coalition will next week push to enact the first part of its judicial overhaul agenda, namely the law to take control of judicial appointments, the question of whether or not the High Court of Justice will strike down such a law is becoming increasingly important.

Against such a background, some of the more conservative justices on the court may not agree that the law does such serious damage to judicial independence and separation of powers as to justify the unprecedented and radical step of striking down a Basic Law.

By that point however, the current government may have already created facts on the ground, says Fuchs, by filing the two spots on the High Court bench which will open up later this year when Hayut and Anat Baron reach the mandatory age of retirement and have to step down.

Given the fact that the coalition intends to pass the judicial appointments law next week, the country could well see a constitutional showdown not in a few months or even years, when the court gives a final ruling on the issue, but in a few days. 041b061a72