Stripped of its verbiage, the defendants' answer to the unconstitutional conditions in the schools is that either they are not able to, or they are not required to, address this situation.
Prison lawsuits have been quite successful, with prisons in 38 states now operating under Federal court orders to remedy unconstitutional conditions.
And we should do so without the restrictive and unconstitutional conditions that limit, rather than expand, political speech.
They asserted as well that Congress had imposed an unconstitutional condition on recipients of federal funds by requiring them to relinquish their right to engage in abortion advocacy and counseling in exchange for the subsidy.
It is well established that the government cannot put "unconstitutional conditions" on its funds, using its power of the purse to bludgeon recipients into giving up their rights.
Nothing could be a clearer case of unconstitutional conditions.
(Legal Services lawyers could not even challenge the unconstitutional condition in the measure itself without violating the law.)
No, answer civil-liberties lawyers, quickly invoking the doctrine of "unconstitutional conditions," which says the Government may not condition employment on the surrender of constitutional rights.
He ordered an immediate end to all unconstitutional conditions and practices.
But it has never been sufficient to justify an otherwise unconstitutional condition upon public employment that the employee may escape the condition by relinquishing his or her job.
