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But in January the Alabama Supreme Court upheld use of the endangerment law from the moment of conception.
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Supreme Court upholds use of government vouchers for religious school tuition.
Supreme Court upholds use of affirmative action at universities.
But Justice Sudolnik upheld the use of the biological evidence.
Last June, the Justices upheld the use of the drug by 5 4.
The next day, after hearing the army's case, the court upheld the use of helicopters.
Three months ago, at the end of the recent Court term, the Justices upheld the use of the drug by 5 4.
Since the lower court upheld the use of total population, if the court deadlocks it will remain in place.
The vote came only three days after the United States Supreme Court upheld the use of vouchers for religious school tuition.
The only time the court ever ruled directly on a method of execution was in 1878, when it upheld the use of the firing squad.
Hours later, the supreme court upheld the use of a controversial lethal injection drug, allowing Oklahoma to resume executions for the first time since January.
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