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He issued an order Thursday announcing his decision, drawing on legal ethics rules that prohibit judges from ruling on issues they feel biased toward.
This is an untenable method of selection for judges who will be ruling on issues of great public and political interest.
As part of the settlement, Ernst agreed to change a number of its policies, including enacting a prohibition against allowing national office members to be involved in ruling on issues involving clients they had previously audited.
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One of the board's five seats was vacant until last December, so it was effectively split and it postponed ruling on many issues, including this one.
Put like this the ruling seems bizarre, but as any lawyer will tell you the panel was only ruling on the issues as presented.
He has deferred ruling on the issue of journalistic privilege until it comes up in trial.
Judge Weinstein put off ruling on the issue until after the trial, allowing the jury to render its verdict first.
The agency's administrator, Jane Garvey, sent the dispute to the General Services Administration when she disqualified herself from ruling on the issue, because she had favored the no-bid approach.
The justices' decision, he added, "was unanimous because they were ruling on this narrow issue of distributing a banned substance".
(In fact, the appeals court, which was ruling on a side issue, hinted strongly that it would have been loath "to enforce the 'arbitration.'").
But in the past he has said that Judge Raggi's ruling on issue would be "very important" in deciding whether to call Mr. Schwarz to the stand.
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.

Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com