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The water trigger amendment finally passed the house and came into force on 22 June, 2013, four days before Gillard lost a leadership ballot to Kevin Rudd.
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Burke stated in his letter to the IESC chair Lisa Corbyn that Shenhua was one of five mining proposals being withdrawn so that the "committee is able to fully reflect the government intention in introducing this [water trigger] amendment, in its consideration and provision of advice for all future requests".
The court, which sits in Philadelphia, also revisited the question of when a search should trigger Fourth Amendment protections.
"It is an interesting signal from the Supreme Court that extensive enough surveillance, even if in public, might trigger Fourth Amendment scrutiny," Mr. Calo said.
"They can't even agree if there's a reasonable expectation of privacy in text messages that would trigger Fourth Amendment protection".
The precedent-setting case turned on two issues: whether the sort of searches conducted by TSA agents trigger Fourth Amendment protections and whether TSA screeners should be classified as law enforcement officials.
Elsewhere, the Court found that the appointment of counsel triggered Sixth Amendment protections, not a just request.
It's also clear, from Supreme Court decisions going back over 50 years, that government coercion of speech triggers first amendment scrutiny.
Soon after the bill was passed, Congress authorized $800,000 to obtain a treaty with the Algerians and ransom the captives, triggering an amendment of the Act which would halt the construction of ships if peace was declared.
The problem is that the distinction between government coercion of private speech (triggering First Amendment scrutiny) and government coercion of its own speech (exempt from First Amendment scrutiny) is not at all clear.
Notably, the court used the word "might" – curating an internet experience might implicate an editorial interest and trigger the First Amendment.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com