Illston also held that NSL provisions violate separation of powers because they limit judicial review by "dictating an impermissibly
restrictive standard of review for courts adjudicating challenges to nondisclosure orders."
The justices then bluntly spelled out for their colleagues in the lower courts what is next to be done: "In this case, determining the constitutionality " involves deciding whether the statute impermissibly
intrudes upon Presidential powers under the Constitution.
In court, AU and the ACLU argued that the Forsyth Board of Commissioners was impermissibly
"The EU calculated and imposed the anti-dumping duties in a way which impermissibly
discriminated against the vast majority of Chinese suppliers solely because they were Chinese, thus violating the cornerstone non-discrimination provision of the WTO agreement," the alliance said in a statement.
Court of Appeals for the 8th Circuit said the First Amendment trumps the sign code.The court concluded that the city's regulations --which make exceptions for, among other things, "works of art" and "national, state, religious, fraternal, professional and civic symbols or crests"--are "impermissibly
content-based" and fail "strict scrutiny," since they are not narrowly tailored to serve a compelling government interest.
The indictment should be dismissed because it is impermissibly
vague, would confuse jurors and presented the risk that Clemens would be wrongly convicted, his lawyers argued in a 13-page filing.
On review, the appellate court found that the judge impermissibly
substituted his judgment for the commission's in reversing its decision.
California voters, the state's Supreme Court declared Tuesday, can amend their constitution to define marriage in a way that excludes same-sex couples without impermissibly
abridging such basic rights as the guarantee of equal protection under the law.
Fahey maintained the police procedures that led to the identification of his client were impermissibly
suggestive and violated Mr.
Enzo had sued Applera Corp., claiming its American Biosystems Group unit was impermissibly
using the technology.
It further alleged the income was includible in the employees' income, and that the regulations requiring the employer to issue Forms W-2 "impermissibly
adds restrictions to a statute which are not there."
Judge Collins said in her latest ruling that the changes adequately clarified what constituted providing "personnel" to banned terrorist groups, but that the wording on providing "training" and other support was still "impermissibly