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"I think it's a matter of concern as to whether the statute applies to them or not," Mr. Brennan said.
She asked several times whether the statute would actually take the decision about what to do with an illegal immigrant away from federal authorities.
Whether the statute could be applied to anyone at the I.R.S. for singling out applications for tax-exempt status from conservative organizations is a more difficult question.
The lawsuit had been working its way through hearings to determine whether the statute of limitations had run out on each allegation.
Its enactment was controversial in part because lawmakers did not specify what conduct could lead to someone's being detained, and because it was silent about whether the statute extended to American citizens and others arrested on United States soil.
When asked what were some of the other antics he engaged in back in the 1980s, Mr. Rogers wondered "whether the statute of limitations had passed" and determined that no, they had not.
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WHETHER the obscure statute that governs America's raisin trade is constitutional, Elena Kagan is not sure.
Judge Mukasey replied, "That would have to depend on whether what goes outside the statute nonetheless lies within the authority of the president to defend the country".
Asked, for instance, if the president was free to violate a law enacted by Congress, Mr. Mukasey said, "That would have to depend on whether what goes outside the statute nonetheless lies within the authority of the president to defend the country".
"The court's job is merely to determine whether the statutes are constitutional, not if they are 'a good idea.'".
Asked whether the statutes that outline which agencies oversee livestock welfare needed clarifying, Stevenson of the Wyoming Livestock Board said she wasn't sure.
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