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In the past the Supreme Court has ruled on whether police conduct "shocks the conscience".
This new principle of jurisprudence was unveiled at the high court this week by Mr Justice Tugendhat, as he ruled on whether a case brought by 10 women and one man duped into fraudulent relationships by undercover police officers should be heard in open court or in a secret tribunal.
At the same time, the court ruled unanimously that the manual recounts could continue until the United States Supreme Court ruled on whether to accept Mr. Bush's appeal of Friday's Florida Supreme Court ruling to permit the recounts.
The Court has not ruled on whether the principle applies to white defendants, although in a ruling last month on another aspect of the peremptory challenge issue a majority of the Justices indicated that the Batson ruling should be extended.
The judge has not ruled on whether the jurors who are selected should be sequestered.
The judge has not yet ruled on whether he will hold a hearing on the matter.
"Nobody has ruled on whether it's constitutional, whether it's overly vague, whether it's too broad".
The judge has not ruled on whether the defendants can be retried.
He has not yet ruled on whether the new law is unconstitutional.
The judge has not ruled on whether he will consider the affidavit.
The church has not ruled on whether the Virgin Mary died before she was assumed into heaven.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com