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Traditionally, the agency has deferred to state and local health officials to disclose health information.
Historically, Congress has deferred to state definitions of marriage, and several federal courts have invalidated the law on these grounds of federalism.
At the Supreme Court on Wednesday, Windsor's lawyer, Roberta Kaplan, will tell the justices that the federal government, throughout the nation's history, has always deferred to state definitions of marriage, because regulating marriage is a state function.
While business cases make up a fair percentage of the Supreme Court's decisions each year, the court has historically deferred to state governments on issues such as corporate law and the relationship between shareholders and management.
Glendale has historically deferred to state building requirements.
A second federal law enforcement official, who asked not to be identified because the July 18 state trial was approaching, said the federal government had wanted to prosecute but deferred to state prosecutors.
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Ms. Andrews, the FEMA spokeswoman, said the federal government typically deferred to states on disaster declarations.
In a statement, CTIA, the cellular telephone industry trade group, said it deferred to states about whether to enforce such bans.
In each case, the budget document says that these programs can be eliminated because they do not represent core agency priorities or can be deferred to states.
Such standards do not now exist, as the federal government has historically deferred to states in deciding what topics should be taught at each grade level, how they should be taught, and how to test students on what they have learned.
Kennedy writes that "regulation of domestic relations is an area that has long been regarded as a virtually exclusive province of the States," and "the Federal Government, through our history, has deferred to state-law policy decisions with respect to domestic relations".
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