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But I would not rest this conclusion solely upon § 109's language or upon a presumption, such as the Court's presumption that any authority the Act grants the EPA to consider costs must flow from a "textual commitment" that is "clear". Ante, at 468.
According to Jevons this is an important method, since "nearly half our logical conclusions rest upon its employment".
The District Court's conclusions rested upon complicated factual findings that are not easily cast aside.
After a 30 minute rest upon the conclusion of training on the fifth day, we performed a probe trial where the platform was removed from the pool.
Rather, here, as we have done in the past, we rest our conclusion of structural error upon the difficulty of assessing the effect of the error.
What would be the effect of a restraint imposed by one or more of the innumerable provisions of the ordinance, considered apart, upon the value or marketability of the lands is neither disclosed by the bill nor by the evidence, and we are afforded no basis, apart from mere speculation, upon which to rest a conclusion that it or they would have any appreciable effect upon those matters.
The Government rests this conclusion primarily upon its claim that there is a "long-established presumption that treaties and other international agreements do not create judicially enforceable individual rights". Id., at 11.
Justice Breyer, although agreeing that the statute satisfies the intermediate scrutiny standard set forth in United States v. O'Brien, 391 U.S. 367, 377, rested his conclusion not upon the principal opinion's analysis of the statute's efforts to promote fair competition, but rather upon its discussion of the statute's other two objectives.
The Court's different conclusion rests primarily upon its interpretation of the statutory words "other disposition" as "including those arrangements that are tantamount, in a particular industry, to a paradigmatic sale of a commod-ity". Ante, at 19.
At the same time Faretta, the foundational self-representation case, rested its conclusion in part upon pre-existing state law set forth in cases all of which are consistent with, and at least two of which expressly adopt, a competency limitation on the self-representation right.
It follows, therefore, that the cases which the argument relies upon do not in any manner qualify the general principles expounded in the previous cases upon which we have rested our conclusion since the later cases rested upon particular provisions in each particular case which it was held caused the general and recognized rule not to be applicable.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com