It is difficult to see how Collins, Barr or the Justice Department could make a tenable argument to the contrary.
That is a tenable argument, but we conclude the instant case requires us to address whether Bowers itself has continuing validity.
"We had just seized a load of evidence that we hadn't the opportunity to examine yet … it didn't seem a tenable argument".
In the Oxford thesis, Ms. Kagan used the exclusionary rule to illustrate what she called "the dangers and long-term consequences of failing to provide a judicial decision with adequate support," and took the Supreme Court under Chief Justice Earl Warren to task for "making matters worse" when it applied the rule to the states without "a tenable legal argument".
The evidence reported here for health anxiety, empathy and alexithymia clearly show that Ferguson's arguments are tenable.
This argument looks less tenable now that the jobless rate is back to its pre-recession level.
Three days later, on January 24th, Nevada's Attorney General, Catherine Cortez Masto, said that she would reconsider her defense of the ban, noting that the circuit-court decision had rendered Nevada's argument "no longer tenable".
He was able to examine in detail from the point of view of the divine law the respective claims of theology and philosophy to possess the best and surest way to human knowledge, to be competent to interpret the ambiguous expressions of the divine law, and to have presented convincing arguments that are theoretically tenable and practically salutary.
"After careful review," Masto's statement read, "these arguments are likely no longer tenable".
This statement is not tenable.
While biology or science in general cannot claim to answer certain questions definitively, it can delimit which arguments, moral pronouncements, or biblical interpretations are tenable.
