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WHAT sort of supreme court issues rulings based on laws that have been repealed?
The founders opted for lifetime appointments of Supreme Court justices precisely so they could issue rulings based on their merits.
Nevertheless, he says the victory "will embolden lawyers in other countries, where active judiciaries are willing to issue rulings based on constitutional and human rights doctrines".
Lower-court judges do not need strident dissents to issue rulings based on the breadth of Supreme Court decisions that are broad.
But the F.D.A.'s enforcement powers over drug marketing have been severely curbed since 1976 by a series of court rulings based mainly on the companies' free-speech rights.
Critics say several rulings based on the 1998 Human Rights Act have effectively created a privacy law in the UK, which has always shied away from legislation to protect the rich and powerful.
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They argued that conservatives are instead talking about judges ruling based on politics rather than law.
And she said she had never rendered a ruling based on her personal feelings.
Kaplan is among those who believe that the Supreme Court is squarely headed toward an even broader ruling based on Windsor.
The ruling, based on the constitutional protection against "cruel and unusual punishment," stunned even the closest court watchers.
A court in Hainan denied AMSC's request for a ruling based on the evidence, insisting on arbitration instead.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com