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Mr. Masri's lawyers argued that this decision, which the court has occasionally invoked but has not revisited, did not justify dismissing a case before any evidence was requested.
The court may issue a landmark ruling on affirmative action, an issue it dodged this term by dismissing a case, on procedural grounds, after hearing arguments.
The question this raised for aficionados of supreme court procedure is whether the court might use a device called "dismissing a case as improvidently granted".
The Obama administration asked the Supreme Court on Friday to consider dismissing a case on the rights of prisoners at Guant?mo Bay, Cuba, after the Swiss government said it would accept transfer of two inmates involved in the dispute.
And on Wednesday, a federal court gave Florida the go-ahead to resume its controversial voter purge by dismissing a case filed against the state that had been rendered moot by the Supreme Court decision.
Notably, the Illinois Supreme Court in 2009 cited this law in dismissing a case where a young boy who was playing with his father's gun accidentally shot and killed his friend.
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A state supreme court judge in Sydney dismissed a case against a terrorism suspect, Izhar ul-Haque.
In June, a judge dismissed a case brought against Patriarch by the bond insurer MBIA related to a contract dispute.
Richard A. Posner, a prominent federal appeals court judge in Chicago, dismissed a case involving Apple and Google's Motorola Mobility subsidiary.
The racketeering law RICO mentions nothing about foreign applications, which led a federal court to dismiss a case last year.
See articleThailand's highest court dismissed a case that would have dissolved the governing party of Abhisit Vejjajiva.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com