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That expedient approach, unfortunately, reflects the widespread sentiment that the right holds the upper hand in judicial debates, forcing the left to duck and cower.
That's not a bad argument, and it's a familiar one in judicial debates about the First Amendment's religious clause, but it won't fly in the political arena, if only because, as Nunberg says of a feeble Democratic slogan, "you have to do a little mental stutter step" to understand it.
These legal and judicial debates point to the margins and fragile balance inherent to the right in question.
On the normative side, the results of this research can advance scholarly and judicial debates over whether lower courts should conduct statutory interpretation differently than the Supreme Court and whether the Court's interpretive methodology should be binding on lower courts.
Over and above these media-friendly controversies and judicial debates, this scandal seems to have overshadowed Phil Spector's significant contribution to musical history.
Moreover, in insisting that it was not the president's purview to weigh into the judicial debates over who may or may not have committed criminal activity during the Bush years, Gibbs did seem to invalidate Obama's prior statements that those officials who were merely following orders didn't do anything criminally wrong.
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The balance between these two forces has undergone considerable public, political, and judicial debate.
However, as citizens' criticism progressively questioned the legitimacy of PP planning, a judicial debate is now taking place concerning the definition and function of spatial planning.
It doesn't take much to see that the world has become unhealthily obsessed with the case of Terri Schiavo, the Florida woman at the center of a heated political and judicial debate for the last several weeks.
For such a contentious political and judicial debate, one would expect an equally fervent battle over concrete squares.
Even if his declaration were challenged, it would have led to a lengthy judicial debate by the Sanhedrin.
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