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In 1999, the agency accepted the states' arguments and ordered hundreds of industrial polluters to cut emissions of nitrogen oxides, which cause smog.
The panel rejected the states' arguments that moving the lawsuits to New York, where McGraw-Hill is based, would inconvenience them and was unnecessary in light of the historical cooperation among state attorneys general.
"The people themselves"—voters should enjoy "the benefit of every doubt," Michigan argues.The states' arguments taste of rather weak tea, but the line-drawing point should give pause to even the liberal justices.
He describes the Investiture Controversy between the German ruler Henry IV and Pope Gregory VII and states arguments both for and against the so-called Donation of Constantine (an 8th-century forgery that came to be the basis for papal claims to temporal power).
EPA has cited incomplete knowledge on the health impacts of climate change, and in rejecting the states' arguments, one of the appellate judges last year ruled that EPA should use required "judgment" to weigh various other uncertainties surrounding climate change.
The states' arguments are "cogent," as they directly address what standards the agency should use in deciding what to regulate, says David Hodas, a professor at Widener University School of Law in Wilmington, Delaware.
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The states' argument has implications that go far beyond health care.
Yet the court not only tolerated the states' argument, but seemed amenable to it.
Paul Clement, representing the states, is a brilliant oralist, and he gave a bravura presentation of the states' argument.
The states' argument has "no logical stopping point," said Solicitor General Donald B. Verrilli Jr., who will defend the health care law at the Supreme Court next week.
Lower courts rejected the states' argument on Medicaid, but the Supreme Court said specifically that it wanted to hear the issue debated next week.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com