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In finding in favor of Wachovia, the court cited longstanding precedent against the state regulation of interstate banks.
"As is longstanding precedent in Washington through administrations of both parties, there are often political briefings or gatherings when leaders from a constituency group are in town.
The complaint argues that Merck violated longstanding precedent that discourages companies from marketing over-the-counter supplements and drugs directly to children.
The decision did not change a longstanding precedent, he said, that expert witnesses should be allowed only when the subject matter is beyond the knowledge of most jurors.
Mitch McConnell and Paul Ryan, the Republican leaders in the Senate and the House, have both said Trump should release the returns, pointing to longstanding precedent.
Noting that the words "opt in" didn't even appear in the objecting employees' brief, Justice Sotomayor said: "To cast serious doubt on longstanding precedent is a step we historically take only with the greatest caution and reticence.
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Further, petitioners' newfound argument is also foreclosed by this court's longstanding precedents.
"The court is poised to reverse longstanding precedents concerning the rights of corporations to participate in politics," said Nathaniel Persily, a law professor at Columbia.
"In sum, analysis of this state's longstanding precedents demonstrates that defendants -- given the evidence presented here -- did not owe plaintiffs the duty they claim".
But if the commission decides to appeal the ruling -- the latest in a string of court decisions questioning its ability to regulate media -- it almost certainly runs the risk that the Supreme Court could reverse longstanding precedents that subject broadcast content to indecency standards that are not allowed for any other media.
By arguing against severability, the Obama administration — and the law's opponents, who are making an even more radical claim — is urging the Supreme Court to abandon its tradition of judicial restraint, to ignore longstanding precedents and to undermine the separation of powers.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com