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By openly blocking Liu's confirmation on the ground that his views of the Constitution are outside the mainstream, they would set a precedent applicable to dozens of future nominations, including for seats on the Supreme Court.
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In the nineteenth century, the term "case-lawyer" was used as a label for lawyers who seemed to care more about locating precedents applicable to their current cases than understanding the principles behind the reported case law.
These precedents are applicable here.
That said, the Sterling case has not left the N.B.A. with some rigid and universally applicable precedent.
William Dexter, general counsel for the tourism cabinet, said the most applicable precedent was American Atheists Inc. v. the City of Detroit Downtown Development Authority.
This effort began with bogus conflict allegations based on the fact that Mr. Mueller and Mr. Comey were acquainted, and on the private political contributions of Mr. Mueller's team members — all complete baloney under applicable precedent.
In three days of questioning over Ricci, Sotomayor has managed to make an incendiary case sound like a mere civil-service dispute whose disposition was commanded not by notions of a more perfect civil society, but strictly by the applicable precedent — which, to a large extent, it was.
Sotomayor defended her position in Ricci as following applicable precedent.
While Rodriguez names as defendants MLB, MLBPA and the Office of the Commissioner of Baseball, a review and understanding of applicable precedent demonstrates that the party against whom he has the strongest claim is MLBPA.
But Justice Kennedy said today that those precedents were not applicable because "to insist upon asking what speech is germane would be contrary to the very goal the University seeks to pursue".
While the constitution prescribes that Congress shall step in to resolve such a tie, and while a couple of early 19th-century elections were close enough for Congress to get involved, there really are no applicable precedents.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com