How have the courts dealt with the application of a motion alleging that the regulation is unconstitutional?
MultiRegion, United States of America
The following excerpt is from McGraw v. Berger, 537 F.2d 719 (2nd Cir. 1976):
10 Plaintiffs also argued that the regulation is unconstitutional. The district court held that these arguments were substantial enough to require a three-judge court, then proceeded to deal with the pendent statutory claims. See Hagans v. Lavine, 415 U.S. 528, 543--45, 94 S.Ct. 1372, 39 L.Ed.2d 577 (1974).
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