Speaking of asking and telling: General John Shalikashvili, the former Chairman of the Joint Chiefs of Staff, writes in the Washington Post: Conversations I've held with service members make clear that, while the military remains a traditional culture, that tradition no longer requires banning open service by gays.
And the later statutes do not tell the F.D.A. it cannot exercise jurisdiction, but simply leave F.D.A. jurisdictional law where Congress found it.... Noting that the F.D.C.A. requires banning a misbranded drug, the majority also points to 21 U.S.C. 352 j), which deems a drug or device misbranded if it is dangerous to health when used as prescribed, recommended, or suggested in the labeling.
One could use similar reasoning to argue that anger over the PRISM surveillance program justifies closing down the NSA, or that outrage over the Boston Marathon bombing requires banning the sale of pressure cookers.Logic and the law may not be on the Republicans' side, but that hardly matters: the Pain-Capable Unborn Child Protection Act is red meat for Republican true believers.
If regulators cannot develop sufficient expertise about specific activities so as to determine appropriate capital requirements and make judgments concerning the bank's competence in managing those activities, prudence requires banning those activities from the domain of the bank.
In August 2007, Congolese student Bienvenu Mbutu Mondondo filed a complaint in Brussels, claiming that the book was an insult to the Congolese people and required banning.
It is, indeed, a perverse interpretation that reads the F.D.C.A. to require the ban of a device that has no safe therapeutic purpose where a ban is the most dangerous remedial alternative.
This interpretation, which in principle could have required the ban of everything from herbal teas to mushrooms, actually led the F.D.A. to ban saccharine, though this extremely controversial regulatory response never took effect because Congress enacted, and has continually renewed, a law postponing the ban.
But HUD is not likely to require a ban nationwide anytime soon.
Local governments will also be required to ban the use of low-quality coal in homes.
The point is valid, but addressing it doesn't require a ban.
