Her rep called the story "an outrageous and defamatory fabrication lacking any conceivable basis or proof, despite vehement denials by Ms. Johansson prior to publication," and attributed the disparity to differences in age, make-up, and lighting between the two photos.
At a June hearing, he said, "I do not see any plausible, conceivable basis in which to conclude that it is a colorable possibility that you could deem the choices made by this board to be unreasonable with all the different safeguards".
A bard of Eastern Europe, rooted in the obsolete future of revolutionary hopes, he deploys a deadpan satirical tone of majestic confidence with no conceivable basis in fact.
A thorough knowledge of those changes may well provide the firmest conceivable basis for encouragement right now.
In FCC v. Beach Communications (1993), the Court stated that under rational basis review, judges must uphold legislation "if there is any reasonably conceivable state of facts that could provide a rational basis for it"; those challenging legislation must "negative every conceivable basis which might support it"; and the government need not justify legislation with "evidence or empirical data".
The court calls this "rational basis" scrutiny; it should be called "conceivable basis" scrutiny.
The burden is on the one attacking the legislative arrangement to negative every conceivable basis which might support it". Madden v. Kentucky, 309 U.S. 83, 87-88, 60 S.Ct.
Despite the court's criticism of Microsoft for being "unwilling to accept the notion that it broke the law," it should go without saying that Microsoft's exercise of its appellate rights provides no conceivable basis for imposing punitive sanctions.
Preventing foolish (rather than compelled) confessions is likewise the only conceivable basis for the rules that courts must exclude any confession elicited by questioning conducted, without interruption, after the suspect has indicated a desire to stand on his right to remain silent or initiated by police after the suspect has expressed a desire to have counsel present.
The burden of proof now rests on those discriminated against "to negative every conceivable basis which might support" the discrimination.
"The language of the Citizens United majority opinion is remarkably sweeping and leaves virtually no conceivable basis for muzzling or otherwise restricting corporate political speech in the form of independent expenditures," Nelson wrote.
