In arguing the Michigan cases before the Supreme Court, lawyers for the plaintiffs insisted that the use of race as a factor in determining student admissions is "impermissible because of the constitutional command of equality".
A second prosecution was impermissible because, to have convicted the defendant in the second trial, the second jury had to have reached a directly contrary conclusion.
As we recognized in Nyquist, direct government subsidization of parochial school tuition is impermissible because "the effect of the aid is unmistakably to provide desired financial support for nonpublic, sectarian institutions". 413 U.S. at 783. "[A]id to the educational function of [parochial] schools..
In Cavalier, the Delaware Supreme Court ruled that a minority discounts and discounts for lack of marketability were impermissible because "fair value" requires that petitioners receive the value taken away from them, i.e., petitioner's proportionate interest in a going concern.
Furthermore, such activity is impermissible because it violates the basic good of marriage.
Judge LaBarga said a revote was impermissible because "it was the clear and unambiguous intention of the framers of the Constitution that presidential elections be held on a single day throughout the United States".
The Court ruled that this was impermissible because it punished him for the state of being addicted, saying this was like punishing someone for "being mentally ill, or a leper," and left him open to arbitrary conviction at any time.
Justice Powell argued that the NLRB's interpretation of Section 7 was impermissible because having a union representative present during an investigation is a matter left by the NLRA to the bargaining process.
But the court has stated repeatedly that affirmative school sponsorship of a religious message is impermissible because it sends a message to some students "that they are outsiders".
Relying on Feist, petitioners urge that even if a work is sufficiently "original" to qualify for copyright protection in the first instance, any extension of the copyright's duration is impermissible because, once published, a work is no longer original.
