The Justices know that not deciding leaves immense uncertainty about the meaning of a key federal statute, fuelling an increasingly nasty and polarizing controversy around which facilities transgender students should use.
"I think that developments in the law since Governor Seigelman was tried and convicted made the issues more important – and more unclear," he said, alluding to the court's expansive stance on campaign finance as well as its narrowing of a key bribery statute, a decision that reopened the door to Mr. Seigelman's latest appeal.
A key federal statute for physicians is Section 1 of the Sherman Act (15 U.S.C. §1), which provides: "Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states, or with foreign nations, is declared to be illegal".
Citizens can now review these public data directly online, as they can for other key environmental statutes, or request additional information through the Freedom of Information Act.
Holder certainly could make the case that Wilson abused his power in killing Brown under the coler of law, and that this violated several key civil rights statutes.
The result: the U.S.O.C. has misinterpreted key sections of the statute, contributing to serious dysfunction.
Judge Hamilton's 117-page ruling duly faults the vagueness and ambiguity of the statute's key terms, especially the term partial-birth abortion, which was invented for political purposes and has, as she wrote, "little if any medical significance".
"The key thing here is the statute is under general police powers and as such, pre-emption should not apply.
Even though Congress passed a new Military Commissions Act last October, the Department of Defense has still not issued revised rules that fill in key details absent from the statute.
When this right is violated because of a person's race, religion or national origin, it is a federal crime under a key federal criminal civil rights statute enacted as part of the Civil Rights Act of 1968.
