In their ruling, Lord Neuberger, master of the rolls, Lord Justice Maurice Kay, and Lord Justice Sullivan said that accepting the case of the security and intelligence agencies would amount to "undermining one of [the common law's] most fundamental principles".
The latest ruling by three court of appeal judges – Lord Dyson, master of the rolls, Lord Justice McCombe and Lord Justice David Richards – concludes that the ban on smoking in public places does not apply to state prisons and other crown premises in England and Wales.
On Wednesday Lord Dyson, the master of the rolls, sitting with Lord Justice Richards and Lord Justice Elias will decide whether or not to allow May's challenge.
The line-up of Lord Chief Justice Lord Judge, Master of the Rolls Lord Neuberger and Lord Justice Sedley has led some commentators to believe the issues around science writing and libel are suddenly being taken very seriously indeed in legal circles.
The case is being heard before a high-powered judicial panel consisting of the lord chief justice, Lord Judge, the master of the rolls, Lord Dyson, and Lord Justice Elias.
The three judges, the lord chief justice, Lord Thomas, the master of the rolls, Sir Terence Etherton, and lord justice Sales at one stage dismissed the government's argument as being "divorced from reality".
While Ms. Kagan has cited Justice Marshall as one she most admires, some expect her to behave more like the center-left Justice David H. Souter, who retired last year, or the master tactician Justice John Paul Stevens, whom she would succeed if confirmed.
We were free, our country could finally be its own master, and justice, equality and freedom would prevail!
The master virtue, justice, is each part doing its function and not interfering with that of another (441d-e; 443d).
The government says it will leave no stone unturned in bringing the killers and their masters to justice, offering a one million euro ($1.2m) reward for information.
