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Winning on the merits is not the only way to measure success.
Whether such an appeal, while procedurally proper, would succeed on the merits is a different question.
To judges and lawyers, "a probability of success on the merits" is a term of art.
But federal recognition of same-sex marriage — leave aside what you think about the merits — is not likely in the near future.
Petitioners' brief on the merits is due on March 9 which is four days after the last of the three scheduled executions.Whatever one thinks of the justice or constitutionality of the death penalty, this month's sequence of events brings to mind Justice Blackmun's aversion to "tinkering with the machinery of death".
The rule on how many votes are needed for a review on the merits is set by the court, and because the situation of the court having only six members is so rare, Supreme Court officials and legal scholars were scrambling today to determine how many votes would be needed in this case.
Similar(50)
The merits were on our side".
If the answer was yes, the second question addressed the merits: Was the policy a correct interpretation of the law?
The people-versus-the-powerful sloganeering was grating, but on the merits wasn't Mr. Gore right?
Regardless of the merits of these proposals – and I think the merits are quite meagre – the US can't afford them just now.
The merits are discussed using CsI(Tl) crystal as illustrations.
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.

Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com