Lower courts applying rational-basis review often expressly refuse to pursue the government's true ends, do not require the government to put forward any evidence in support of its actions, and even assist the government in hypothesizing justifications for its actions.
In only 4 cases did patients expressly refuse to complete the survey--the remainder of the incomplete surveys reflect a variety of factors reflecting a technology in evolution, including problems with email addresses and browser compatibility as well as challenges in integrating the software with existing clinic software and processes.
In Sugarman v. Dougall, supra, we expressly refused to exempt public employment positions from this general rule.
While Congress agreed to exclude conscientiously objecting employees, it expressly refused to sanction an exclusion for all religiously affiliated employers.
Of the various jurisdictions identified by appellants, only New York expressly refuses, based upon public policy grounds, to enforce insurance policies covering punitive damages.
That is, if the executive branch is going to spend money the House expressly refuses to appropriate, how can we say that the House has a political (i.e. non-judicial) remedy?
In Roe v. Wade, the Court expressly refused to "speculate" about "this most sensitive and difficult question".' Instead, the Roe Court predicated governmental power to forbid abortion on the putative state interest in "protecting the potentiality of human life". It was this interest in "potentiality" that the Court held to become "compelling" when the fetus reaches viability.
For the dissent, this proved critical: It is not clear what portion of the statute the Court upholds since it expressly refuses to decide whether the dues prohibition and fund administration provisions are valid.
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But in proposing changes to the SAR policy at the Los Angeles Police Commission meeting on Tuesday, the LAPD expressly refused to include that guarantee, and the civilian Police Commission didn't press them on it.
As a liberal Member from Slovenia I wish to draw the attention of Parliament additionally to the fact that the current Slovenian government has also expressly refused to implement the decision of the Constitutional Court of Slovenia, whereby homes in Slovenia taken illegally from them in 1992 should be returned to 18 305 citizens of the former Yugoslavia.
