You can argue the merits and demerits of originalism until you are blue in the face, but on the question of whether originalism somehow transforms conservative activism into something else, Keck is very persuasive: The doctrine does not have a privileged claim on interpreting the Constitution, and when the Court invalidates
a congressional statute it is in activist mode--even if the Justices are certain that the Framers themselves (whether through the Federalist Papers or by means of Vulcan mindmeld) are commanding them to throw Congress' work on the compost pile.
Adding a new garage or extension can also invalidate
your buildings policy if you fail to update your insurance company - this means that any claim, however minor or unre-lated to your new garage or extension, can be rejected.
The Ninth Circuit has said that inadvertent mistakes in a copyright registration do not invalidate
the registration and thus do not bar infringement actions, unless the alleged infringer has relied to its detriment on the mistake, or the claimant intended to defraud the Copyright Office by making the misstatement.
A party who files an inter partes review and allows the proceeding to go through to its conclusion, and fails to invalidate
the patent or relevant claims, cannot challenge the validity of the patent or those claims at the district court or ITC using patents or printed publications, even if those publications were not raised during the IPR.
In its brief, TEI acknowledged that the Supreme Court had previously invoked the Commerce Clause to invalidate
a number of state taxing schemes that unreasonably burdened interstate commerce by discriminating between in-state and out-of-state taxpayers.
Using a non-franchised dealer will not invalidate
1992), the Tax Court held that the failure to include a petition filing deadline did not invalidate
the deficiency notice, because the taxpayers received the notice and timely filed a petition.
Friedman for an injunction to invalidate
the board's decision.
Radical feminists invalidate
science on the grounds that it, like all other forms of human knowledge, is necessarily selective and provisional.
Hotaki made clear it was the IEC mandate to validate or invalidate
votes and if the candidates failed to reach an agreement, the commission would go ahead with its procedure or halt it.