To characterize the first element as a "distortion," however, requires the concurrence to second-guess the way in which the state court resolved a plain conflict in the language of different statutes.
"It potentially violates two different statutes," the Pregnancy Discrimination Act (PDA), which is an amendment to Title VII of the 1964 Civil Rights Act, and the Family and Medical Leave Act (FMLA).
Currently, the law does prohibit such violence, but the prohibition is scattered among different statutes, said Ms. Feng.
"They lost last time at the ITC because they couldn't prove injury," Elliott Feldman, head of the international trade practice at Baker & Hostetler in Washington, wrote in an e-mail, adding that the ITC ruled in favor of the petitioners in the tire case but against it in the paper case, which were filed under different statutes.
Patrick J. Fitzgerald, the United States attorney in Chicago, said in a statement tonight that he disagreed with the judge and that he would refile charges using different statutes.
"Our lawsuit is relying on very clear state law, three different statutes, requiring that jails make public the names and other information on all those being held," said Deborah Jacobs, executive director of the A.C.L.U. of New Jersey.
Different statutes of limitations dictate claims on private collections, and the rising value of the disputed artworks has raised the stakes for everyone.
While staff members from the two entities spoke about their efforts, they were looking at potential violations of different statutes and their investigations took place separately.
And I think also, sir, if you go through an analysis of the vice president's arguments, and supporting what the Supreme Court does, there is sort of a, an omelet that is created by going and picking through different statutes.
