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"But the difficulty is that the litigation challenge persists".
And any attempt to deregulate an industry sector was inevitably met with a well-heeled litigation challenge from the other sectors.
"Trump sending additional people to Guantanamo virtually guarantees a litigation challenge about the authority to detain alleged ISIS fighters under the 2001 AUMF," said Hina Shamsi, director of the national security project at the American Civil Liberties Union.
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Litigation challenging that decision is pending.
There is already litigation challenging the constitutionality of such an effort.
It hires female attorneys of color, who encourage it to pursue litigation challenging English-only policies.
Litigation challenging the constitutionality and lawfulness of adult and juvenile corrections has increased significantly; the legal pressure is forcing change.
"I think effectively, same-sex couples could start marrying in the state," he said, and "there would be the sideshow of litigation challenging that".
Ms. Kagan testified that her personal opposition to the policy played no role in decisions she made as solicitor general about litigation challenging the law.
In return for their compliance, lenders of qualified mortgages will in the event of a foreclosure be granted a "safe harbor" from litigation challenging a loan's legality.
In a brief statement, the legal fund said it "has been exploring possible litigation challenging the City of New York's new policy" on third-grade retention.
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