has also introduced bipartisan legislation that would go even further, taking discretion over sexual assault cases entirely out of the military chain of command.
It further erodes the discretion and power that trial judges have".
The justices permitted a lawyer for the State of Alabama to argue today as a friend of the court on behalf of Texas that the court should use the Penry case to limit federal judges' discretion further.
That is, an increasing proportion of public funds is consumed by salaries for permanent civil servants further reducing the discretion of districts over their public funds.
While the case could be resolved on statutory grounds, a constitutional ruling that directly rejects this "cumulative effects" test would further restrict Congress's discretion beyond the context of this dispute.
Coming after several restrictive habeas corpus decisions, the ruling today is likely to further limit federal judges' discretion to set aside state sentences in circumstances where the Supreme Court has not directly addressed an almost identical issue.
I was one of five judges, and discretion prevents further disclosure, but it's safe to note that Mr. Diehl was an outlier among contenders who favored a more avowedly contemporary style.
