Congress' express decision to legislate the compelling interest test indicates that RFRA challenges should be adjudicated in the same manner as constitutionally mandated applications of the test, including at the preliminary injunction stage.
In other words, under heightened scrutiny, the United States cannot defend Section 3 by advancing hypothetical rationales, independent of the legislative record, as it has done in circuits where precedent mandates application of rational basis review.
"The Department of Education and the Justice Department, in a circular maneuver, now rely on the majority's opinion to mandate application of their position across the country," he wrote, adding that his court and the 4th Circuit simply lacked "congressional authorization" to go that route.
And one effective form of information-sharing would be legally mandated open application programming interfaces for social media platforms.
The development of a CASE application mandates an adaptable application to a variety of challenges inherent with solving the complete structure for an unknown compound based on typical spectral data.
The ORP is suitable mainly for those cases in which the injurer is required to balance amongst various conflicting interests of his potential victim, but efficiency considerations mandate its application also in cases when the injurer is required to balance the interests of the victim against interests relating to third parties or to society as a whole.
First, men and women eligible for analyses differed in several non-genetic (and potentially confounding) features (Table 1), which mandates the application of multivariable models and sensitivity analyses.
Requiring high schools to have pro-active counseling programs for postsecondary life makes more sense than mandating college applications.
Additionally, by studying the impact of the mandated process-engineering applications within commercial aviation, intensivists and health-care systems can learn certain principles that, if adequately and thoughtfully applied, may seriously improve the art and science of health-care delivery at the bedside.
Public hearings, however, are mandated only if an application is protested.
