repugnancy test

...That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart ...479 (1965), was precisely the possibility, and repugnancy, of permitting searches to obtain evidence regarding the use of ...

... . favored. Only a clear repugnancy between the old law and the new results in the former's giving way, and ...We do not test it against the various types of motions and pleadings which may be filed. ...

...pt. II, at 19 (Supp.2011) (Prefatory Note). The repugnancy ground for non-recognition of foreign judgments is therefore an ..." ‘ The Supreme Court has articulated four tests for determining whether a [non-governmental person's] actions amount to ...

... . true. But the only way the legality of any program may be tested under the Sherman Act is by determining whether the persons who administer ... the antitrust laws may be found only if there exists a "plain repugnancy between the antitrust and regulatory provisions." United States v. ...

... which and that possessed by the general government no inherent repugnancy existed.  Whenever, however, a particular power of the general government ... prohibiting the sale of illuminating oils below a certain fire test is beyond the constitutional power of congress to enact, except so far as ...

... To justify a finding of unfairness the injury must satisfy three tests. It must be substantial; it must not be outweighed by any countervailing ... to have that preemptive effect which flows naturally from a repugnancy between the Commission's valid enactments and state laws. See id. at 667 ...

... was inoperative part of the Constitution and no law could be tested on its touchstone except as a 'Grund Norm' for interpretation, therefore, ... was not a self-executory instrument, to be adopted as a test of repugnancy or contrariety. Although the instant judgment exonerated the Higher ...

... this approach is unorthodox, we think it facilitates a systematic testing of the appellants' core contention: that the settlement lands lie beyond ..., without any repealing clause, operates to the extent of the repugnancy as a repeal of the first." Tynen, 78 U.S. (11 Wall.) at 92. Even absent ...

... enjoining enforcement of the state enactment was its asserted repugnancy to the federal statute, the District Court was quite right in concluding ... rule governing the distribution of judicial responsibility, the test for applying § 2281 must be clearly formulated. The purpose of the ...

...3 Not surprisingly, various witnesses testified that,. . during the indictment period, contributions to the fund were ..., without any repealing clause, operates, to the extent of the repugnancy, as a repeal of the first. . . . . 44 The Government, in response to ...

... on statistical evidence bearing upon market structure and on testimony by economists and bankers to the effect that, notwithstanding the ... . have only been found [83 S.Ct. 1735] in cases of plain repugnancy between the antitrust and regulatory provisions. 29 Two recent cases, ...

... applied antitrust law to regulated industries absent a "plain repugnancy" (10) test regarding antitrust in the regulatory statute. In Trinko, the ...

...testimony of 24 witnesses and the introduction of approximately 1,400 exhibits, on ... strongly disfavored, and have only been found in cases of plain repugnancy between the antitrust and regulatory provisions." Otter Tail Power Co. v. ...

... events in drafting," and because " there is no ‘ positive repugnancy’ between" subsection (a) and (b) we " must give effect to both." See ... argues the bankruptcy court " appl[ied] nothing more than a ‘ sniff test’ " in finding bad faith. Although he does not articulate what the test ...

...         The question, whether a law be void for its repugnancy to the constitution, is, at all times, a question of much delicacy, which ..., cannot be disregarded.  Titles, which, according to every legal test, are perfect, are acquired with that confidence which is inspired by the ...

... court of the same, or are necessary to be brought into court to testify.' .         By statute of 1833, 2 the writ was extended to ... not favored.  They are seldom admitted except on the ground of repugnancy; and never, we think, when the former act can stand together with the new ...

...Our task here is to test the judgment of the Massachusetts legislature as to medical necessity, i. ...The Medicaid Act, to the extent of its repugnancy with the Hyde Amendment, has therefore been altered by the Amendment. See ...

... state policy." The second part of the state action immunity two-part test, as set forth in Midcal, is that the statutory scheme, here the ... intent" test for antitrust immunity is broader than the plain repugnancy inquiry, which it embraces. Thus, in trying to determine legislative ...

...         Syllabus.         In testing the repugnancy of a state statute to the federal Constitution, this Court ...

... . conditions the test of the right to the suffrage, is in conflict with, and void under, the ... involved, so the argument of the Government insists, is the repugnancy of the standard which the amendment makes, based upon the conditions ...

...The third prong of the test quoted above deals with this subject by distinguishing between the two ...Batchelder, 442 U.S. 114, 122 (1979). Rather, there must be a "repugnancy" between the words or purposes of the two statutes. Donaldson v. United ...

... ever been brought to the attention of Congress, either through testimony at a congressional hearing or by any other means. 54 Nor is the practice ... and repeal by implication found only where there is a "positive repugnancy" between the two or where the intention to repeal is "clear and manifest." ...

...         Testimony at trial showed that this was the standard method of operation. The ...For a court to find implied repeal, there must be a positive repugnancy between the two statutes. Posados v. National City Bank, 296 U.S. 497, ...

... out in the Beard test articulated by the United States Tax. Court in 1984. Beard v. ... long as there is no 'positive repugnancy' between two. laws, a court must give effect to both." Id. ...

... is no question except this, whether there be, or be not, a repugnancy or hostility between the law of Congress and the law of the State.  Nor ... extravagant claim.  Let us now examine the argument itself, and to test its soundness, let us apply it to other cases.  A State has no right to ...