Writing for himself and four other Justices (Alito, Kennedy, Scalia, and Thomas), Chief Justice Roberts confined himself to examining just two technical factors in the test for issuing a preliminary injunction: the "balancing of the equities" and "the public interest".
While the damage from a breach of confidentiality can never be undone, justifiying a simple test for issuing injunctions, a defamation case that is won vindicates the injured party.
A more familiar allusion: Ambassador and special envoy Richard Holbrooke, when asked about how to measure success in Afghanistan, cited "the Supreme Court test for another issue: we'll know it when we see it".
"She comes to this as a mom, and that's the lens through which she sees the world and that's her test for every issue-what it means for her daughters and all of our kids".
But she added that "the truth of the matter is that the only way that you can actually test for the issue is to put the pants on and bend over," which the company did not do until too late.
In order to make life easier for non-technical people I wrote a python script called netgore, similar to wnroast, to test for this issue.
The bladder was chosen to test for this issue as it contains a uniform activity concentration and therefore similar to the background compartment in the IQ phantom.
In the simplest sense, the Supreme Court test for another issue, we'll know it when we see it.
This test is the same as that for detecting 'epistasis' in genetics [17], and we used a standard statistical test for this issue, i.e. likelihood ratio test with logistic regression (The next paragraph for detail).
Before recommending a test for that issue the measurement errors both for groups of subjects and for single individuals have to be analyzed as well.
