It was not clear, however, whether the court would return the case to the lower courts to apply such a new standard or do the job itself.
Chief Justice Roberts said he would have returned the case to the lower court to apply the standard he proposed.
In three dozen prior cases, he said, "the court was simply unable to articulate manageable rules for the lower courts to apply".
Still, Mr. Smith added, if the first lower courts to apply the case give Caperton a broad reading, "then you would start to see the floodgates open".
Mr. Rosenbaum said the Supreme Court should clarify the standards for defining disability and then either rule for Ms. Williams or instruct the lower courts to apply the standard.
Applying the totality-of-the-circumstances test in 36 cases over 30 years before 1966, the court was simply unable to articulate manageable rules for the lower courts to apply...
Gorsuch, meanwhile, compared all this to his secret grilling rub, suggesting that the various social-science measures being presented were slapdash and would be too challenging for lower courts to apply in a consistent manner.
It found the "invention" (a way of hedging commodity risks) too abstract to be patentable, but failed to provide a clear test of what constituted an abstract idea for judges in lower courts to apply.
OFFA's goal is to encourage people from lower income backgrounds to apply to university in the face of higher tuition fees.
He pays lip service to his duty as a lower court judge to apply Supreme Court precedent, but his reasoning and result brazenly flout it.
