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"So you're making a statutory argument now?" Scalia said.
"The statutory argument was an easier 8-0 then the constitutional argument," he said.
If Mr. Olson's statutory argument did not appear to have much traction, his second argument did -- somewhat surprisingly, and to a degree that did not become clear until the justices confronted Mr. Tribe with it later.
By moving the case to federal court, Mr. Grasso is hoping to show that he is not bound by New York not-for-profit law, stripping Mr. Spitzer of his main statutory argument.
It derives its statutory argument from the language of the Clean Air Act, which requires the Environmental Protection Agency to set air quality standards at levels "requisite to protect the public health".
And we submit that there's a, the courts are here to protect the benefit of the bargain that Florida made when it responded to that invitation, because JUSTICE SCALIA -- Well, it, we have to separate your statutory argument from your constitutional argument.
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Regarding the statutory arguments, there is another level of absurdity in this case.
For purposes of presentation, these arguments are summarized here rather than in the article Tax protester statutory arguments.
Arguments about the taxability of compensation for personal services, whether called wages, salary, or some other term, may be either constitutional arguments as in United States v. Connor (see below) or statutory arguments as in Cheek v. United States, depending on the details of the argument.
Deputy Solicitor General Edwin S. Kneedler sided with the plaintiffs in urging the court to reject Mr. Samantar's statutory immunity argument.
The D.C. Circuit twice upheld the 2015 Order and rejected all of the statutory interpretation arguments Chairman Pai raised in his dissent (which he raises again in the draft Destroying Internet Freedom Order).
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