[n4] Confronted with such a facially burdensome requirement, I find the Court's opinion unconvincing.
"This Court is no longer faced with a facially discriminatory order coupled with contemporaneous statements suggesting discriminatory intent," he wrote.
Some U.S. broadcasters require several days to determine that a facially racist piece of video is racist.
The court, by a vote of 9 to 2, threw out an antisolicitation ordinance in Redondo Beach, Calif., calling it a "facially unconstitutional restriction on speech".
He went on to describe the prolonged and complicated procedures involved in getting federal approval for a "facially nondiscriminatory" plan to modernize the state's election code.
The role of the courts, he said, was limited to determining whether the government had a "facially legitimate and bona fide reason" for taking action.
A facially independent special committee, with its own bankers and legal counsel, asked Zhu repeatedly to increase his price, but Zhu refused.
v. Smith, 494 U.S. 872, 879 82 (1990) (establishing that the Free Exercise Clause does not mandate the creation of an exception to a facially neutral, generally applicable law).
"In this case, the undersigned finds that Plaintiff fails to state a facially plausible federal claim," she said.
At The American Prospect, Adam Serwer calls the phrase a "facially neutral term that advocates don't like".
He issued a facially legitimate, national security order pursuant to explicit statutory authority that has not been challenged, and nothing in his revised order indicates bad faith.
