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House deadlocks on bill to change constitutional burden-of-proof standard, 50-50
Summary
House Bill 30, which would have codified a higher standard of proof for finding legislative acts unconstitutional, failed second reading after a 50-50 tie. Proponents said the bill would preserve judicial deference and consistency; opponents said it encroached on judicial authority and threatened separation of powers.
Representative Ron Deming sponsored House Bill 30, which sought to codify a presumption that legislative acts are constitutional and to require challengers to meet a high standard of proof to establish unconstitutionality. Deming said the bill preserves a “consistent and traditional rule of judging”…
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