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He suggested that under the intermediate scrutiny standard, even a total gun ban might be upheld.
(The Oklahoma ruling also said the district had failed to prove it had a significant drug problem caused by those who were being tested, leaving open the possibility that a similar policy at another school might be upheld).
Matt Zeitlin sketches out the reasons why such action might be upheld in the courts: as Bruce Bartlett argues, the constitution states that "The validity of the public debt of the United States, authorized by law…shall not be questioned", and court rulings in the past make it very difficult for anyone to get standing to sue the government to stop it from ignoring the debt ceiling.
It should be noted that broad meritocracy might be upheld either as a complete view of social justice or as one justice value to be balanced against others.
Equality might be upheld as one value among others, and increase in wealth or in wealth per capita may be included along with equality in a pluralistic ethics.
Egalitarianism might be upheld as a moral requirement, a component of what we fundamentally owe one another, or as morally optional, a desirable ideal that we might permissibly decline to pursue.
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He could not make laws, only issue administrative edicts that might or might not be upheld after his death.
Within the existing Buckley framework, laws regulating soft money might well be upheld, Justice Breyer said.
Even so, the court kept open the possibility that the law, known as COPA, might ultimately be upheld.
"There have been arguments made by learned authorities that would hit some trouble in the high court, it might not be upheld in the high court.
These zones imply that in other campus locations -- like classrooms and libraries -- free speech rights might not be upheld.
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