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But the beauty here is that the (least democratic) judicial branch is not overruling the two more democratic branches (as it does in our system).
The bottom line is that despite agreement among all nine justices on the result in McCullen, abortion drives a deep wedge into the heart of the Supreme Court, even when the issue is not overruling Roe v. Wade but a First Amendment controversy.
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The Fitts Case is not overruled, but is, I fear, frittered away or put out of sight by unwarranted distinctions.
The league would probably need documentary evidence to ensure the discipline is not overruled by an arbitrator.
The over-all impression from the majority opinion is that it makes the Government liable under the Act for negligence in the conduct of 'any governmental activity on the 'operational level". It seems broad enough to cover all so-called 'uniquely governmental activities.' Logically it may cover negligence in fire fighting, although the Dalehite holding on that point is not overruled.
Kennedy insisted that he was not overruling the precedent of the German detainees who were denied review.
While Cohen v. Hurley was not overruled, the majority indicated that the principle on which it rested had been seriously eroded.
A commission created by Mr. Pataki and the Legislature will make a set of wide-ranging proposals, including closing or shrinking certain hospitals, and if the recommendations are not overruled by the governor or the Legislature, they will become law.
With respect to income, the court said that the amount found by the master for 1933 ($1,294,566.51) was about $57,000 higher than that indicated by the testimony of any witness, but the finding was not overruled in view of the failure of the Company to take advantage of its opportunity to show the actual receipts and disbursements for that calendar year.
Those are not overruled, which is the good side of this".
Eligible patients were those able to understand Dutch, older than 18 years and below 80, and for whom, according to their doctor, change of lifestyle was not overruled by other medical priorities.
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