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After further briefing on the question of mootness, the Supreme Court dismissed the case, 5-4, holding that as DeFunis had almost completed his studies, there was no longer a case or controversy to decide.
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In March, the Supreme Court asked the Securities and Exchange Commission to submit a brief on the question.
The Obama administration is expected to file a brief on the question this week.
"I'm not sure how we could have a closed session without the accused until there is a ruling on that issue," said Colonel Pohl, who asked the lawyers to quickly draft briefs on the question.
But last Friday, the Missouri Supreme Court issued an order temporarily rescinding the assignment of public defenders in Mr. Blacksher's case, at least until the court can consider legal briefs on the question of the public defenders' latest demand to refuse cases.
Monday's order instructed the parties to file briefs on the question of "whether and under what circumstances the Alien Tort Statute" allows courts to hear claims based on "violations of the law of nations occurring within the territory of a sovereign other than the United States".
Later, Eric Schmidt acknowledged the candidate has been briefed on the question -- but the point was made.
In reality, participants in such meetings are carefully vetted by the Chinese authorities, and fully briefed on the questions they should ask.
As the briefing went on, the questions persisted.
Brief yourself on the questions that will be asked.
"I don't understand what this case is doing in federal court," said Judge Frank H. Easterbrook, who asked for supplemental briefs on the jurisdiction question.
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