Constitutional Law Keyed to Cohenback
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Concerned about the rising death toll on the state’s highways, the legislature of the state of Red enacted a statute providing for a summary one-year suspension of the driver’s license of any person convicted of three speeding violations within a 12-month period. The statute provided that an administrative hearing is immediately available upon request. However, that hearing is limited to a determination of whether the licensee is the same person who was convicted of the speeding violations.
Donna received three speeding citations in a three-week period and was convicted of all three charges. Her license was promptly suspended under the authority of the state statute. Without first seeking an administrative hearing, Donna files a suit in federal district court challenging the constitutionality of the statute.
The court should rule that the state law is:Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.
Bach operates a convenience market in downtown Boston that specializes in sales of pints of coffee to walk-in business people. Shortly after inspecting Bach’s market, the state agency responsible for enforcing the coffee statute notified Bach that her sales license has been revoked.
What is Bach’s best argument in a suit to defeat the revocation?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.