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· 10/16/2023

Aron Freeland v. William K. Marshall, Commissioner, West Virginia Division of Corrections and Rehabilitation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Congress had exceeded its authority by using its section five power under the Fourteenth Amendment to enact the statute
  • concluding that Katzenbach confronted a “widespread and persisting deprivation of constitutional rights resulting from this country’s history of racial discrimination”
  • concluding that Katzenbach confronted a “widespread and persisting deprivation of constitutional rights resulting from this country’s history of racial discrimination”
  • holding that RFRA, as it applied to the states and their subdivisions, exceeded Congress's remedial powers under the Fourteenth Amendment
  • holding that RFRA, as it applied to the states and their subdivisions, exceeded Congress’s remedial powers under the Fourteenth Amendment
  • concluding that Congress has power under section five to enforce the provisions of the First Amendment as incorporated in the Fourteenth Amendment’s Due Process Clause

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.