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This reflects the real division over the Affordable Care Act a political, rather than judicial, conflict.
The judicial conflict is set to resume Monday, when the Supreme Court again takes up the two cases troubling the civilian government, which could potentially result in its ouster.
In urging the United States Supreme Court not to hear the case, lawyers for Massey said due process required only the absence of an actual judicial conflict of interest, as when a judge has a stake in the outcome of a case.
Attempts to ease enrollment in 401 k)s plans, to lower fees in those plans, and to stamp out conflicts of interest routinely become pitched battles with years of legislative and judicial conflict.
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The federal statute governing judicial conflicts of interest covers only lower-court judges.
Its functions include judicial review of the constitutionality of laws and regulations and the resolution of judicial conflicts among the courts.
Judicial elections have become "tawdry and embarrassing," she said, and the Supreme Court decided an important case this year concerning judicial conflicts of interest that underscored the potentially corrupting influence of campaign contributions to judicial political campaigns, "which changes the landscape, from a legal perspective, and makes us hopeful that this is the time".
"It will be fought with increased support for democracy programs, judicial reform, conflict resolution, poverty alleviation, economic reform and health and education programs.
One small but noteworthy advance came in Secretary Powell's address, when he said that the war on terrorism should also be fought "with increased support for democracy programs, judicial reform, conflict resolution, poverty alleviation, economic reform and health and education programs".
Earlier deals have raised judicial eyebrows about conflicts of interest.
Buenos Aires legalised same-sex civil unions in 2002 but conflicting judicial rulings recently stymied same-sex marriages.
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