Emily's List v. Federal Election Commission
Court of Appeals for the D.C. Circuit
1ConcurrenceBrown, Circuit Judge
“If there is one doctrine more deeply rooted than any other in the process of constitutional adjudication, it is that we ought not to pass on questions of constitutionality ... unless such adjudication is unavoidable.” Spector Motor Serv. v. McLaughlin, 323 U.S. 101, 105, 65 S.Ct. 152, 89 L.Ed. 101 (1944). “Thus, if a case can be decided on either of two grounds, one involving a constitutional question, the other a question of statutory construction or general law, the Court will decide only the latter.” Ashwander v. TVA, 297 U.S. 288, 347, 56 S.Ct. 466, 80 L.Ed. 688 (1936) (Brandéis, J.,…
2Cases cited42 opinions
- Buckley v. ValeoSupreme Court of the United States · 1976
- Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
- Marks v. United StatesSupreme Court of the United States · 1977
- Cohen v. CaliforniaSupreme Court of the United States · 1971
- Texas v. JohnsonSupreme Court of the United States · 1989
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