Jindal needed to advance a rationale for his candidacy; at the end of 90 minutes, that rationale had not come into focus.
A clear focus on identifying specific clinical niches that are currently imperfectly addressed would also considerably advance the rationale for new surgical innovations such as NOTES and allow them to be engineered in the directions most likely to result in therapeutic advance.
There needs to be a legal and ethical framework for the process decided in advance, the rationale for triage should be fair and transparent and it should meet the principles of distributive justice [ 30- 32].
Instead, Mr. Holder said it was no longer possible to advance "hypothetical rationales" in court independent of the bias-steeped record of Congressional enactment.
Steven Swander, a Texan and a member of the First Amendment Lawyers Association, said, "What is new in the Pap's case is that at least the Pap's decision has advanced the rationale for anti-nudity bans beyond fostering morality as allowed in Barnes v. Glen Theater of 1991," in which the court allowed Indiana to ban nudity.
But humiliation has not changed his will to stay in the race, and now he has advanced another rationale — he can exert leverage over policy debates, in his party as well as in countering President Obama, who Mr. Gingrich is convinced has been forced to go on the defensive over gasoline prices precisely because of his attacks.
Courts have endorsed the separation of people identified as being of different races by advancing the rationale that segregating social schemes merely acknowledge "natural" affinities among people of the same race and "natural" antipathies among people of different races.
We have advanced the rationale for quantitative risk assessment in chemoprevention trials, with the advantages of improved power using a smaller study population, shorter study duration and lower cost [ 63].
In other words, under heightened scrutiny, the United States cannot defend Section 3 by advancing hypothetical rationales, independent of the legislative record, as it has done in circuits where precedent mandates application of rational basis review.
Indeed, it's not even clear how overhauling the statute as Mr. Perry wishes would advance the efficiency rationale he touts.
A substantial gap separates the claims that the Court allows these appellees to advance from the rationale that the Court ultimately finds persuasive.
