The Court takes no position on whether a prosecution is or is not warranted, a decision entirely up to the United States Attorney," Judge Alsup wrote in the referral.
In cases where submissions were accepted unconditionally, a strong evidence base and convincing argument was required to warrant a positive decision.
He added that teacher reports almost invariably come back as citing the behaviors that would warrant a diagnosis, a decision he called more economic than medical.
Amid reports of a likely rebellion on the issue, Conservative MP Graham Brady, who chairs the backbench 1922 Committee, said he would press for the government to opt out of the warrant ahead of a decision next month.
The authorities said the men were arrested without previously issued warrants, perhaps indicating a decision to move quickly.
After the appeals court in New York struck down the challenged part of the law, which was the outcome the administration had urged, the Justice Department nonetheless appealed, saying the issue warranted an authoritative decision from the Supreme Court.
In describing the warrant, American officials indicated that a decision had been made to seize Mr. Sadr soon, with a spokesman, Dan Senor, saying there would be "no advance warning".
According to the so-called null hypothesis test, such a decision is warranted if the data actually obtained are included in a particular region within sample space, whose total probability does not exceed some specified limit, standardly set at 5%.
A decision to cancel the warrant would be a step towards enabling the 43-year-old Australian to walk out of the Ecuadorian embassy in London, where he has been holed up for the past two years in a bid to avoid extradition to Sweden.
Instead of focusing on the social and emotional aspects of development, the producers decided to follow the suggestions of the seminar participants and emphasize cognitive skills, a decision they felt was warranted by the demands of school and the wishes of parents.
