`` It is a duty '', said Hough, `` not to let pass this opportunity of protesting against the methods of taking and printing testimony in Equity, current in this circuit ( and probably others ), excused if not justified by the rules of the Supreme Court, especially to be found in patent causes, and flagrantly exemplified in this litigation.

US District Court Judge Emmet G. Sullivan insisted that the administration still had to hand over the evidence that justified the dirty bomb charge, and admonished United States Department of Justice lawyers that dropping the charge:

While much of the general public was horrified by the death of the Superior Court Justice, many others believed that the Meins ’ cruel treatment by security officers was unethical, and justified von Drenkmann ’ s death.

In 1709, the House ordered that no decree of the lower Scottish courts could be executed while an appeal was pending ; that rule was reversed only by the Administration of Justice ( Scotland ) Act 1808, which provided that the lower Court could determine if the appeal justified the stay of the decree.

In February 2004, the United States Court of Appeals for the Ninth Circuit ruled that a cultural link between any of the Native American tribes and the Kennewick Man was not genetically justified, allowing scientific study of the remains to continue.

The doctrine was further justified by a previous Supreme Court decision in 1875, which limited the federal government's ability to intervene in state affairs, only guaranteeing Congress the power “ to restrain states from acts of racial discrimination and segregation.

The order legally justified the detention by leaning on the AUMF which authorized the President to " use all necessary force against those nations, organizations, or persons " and in the opinion of the administration a U. S. citizen can be an enemy combatant ( this was decided by the United States Supreme Court in the case of Ex parte Quirin ).

He was arrested and held for trial after a preliminary hearing before a Superior Court Judge finding that evidence presented justified a trial by jury.

The Court held that " ith no showing of significant violation by the 53 outlying school districts and no evidence of any interdistrict violation or effect ," the district court's remedy was " wholly impermissible " and not justified by Brown v. Board of Education.

“ As a member of this Court I am not justified in writing my private notions of policy into the Constitution ....

Te Kooti appealed this decision, and was initially successful, but in 1890 the Court of Appeal ruled that the terror and alarm that Te Kooti's reappearance would have entailed justified the magistrate's decision.

Second, the Court wrote that a valid basis for according different treatment to a content-defined subclass of proscribable speech is that the subclass " happens to be associated with particular ' secondary effects ' of the speech, so that ' the regulation is justified without reference to the content of the … speech '" As an example, the Court wrote that a State could permit all obscene live performances except those involving minors.

Hardship continued until 1738 when the Court of Assistants, the senior governing body of the Haberdashers ' Company, decided that the favourable condition of the Company justified restoring the school.

Blackstone suffered a nervous breakdown soon after the first lecture, and on 24 November he launched a suit in the Chancellor's Court against " William Jackson of the City of Oxford Printer " for £ 500 damages, justified by Jackson " printing and publishing a scandalous Libell notoriously reflecting on the Character of him the said William Blackstone ".

103 is a case decided by the Supreme Court of Canada which established the famous Oakes test, an analysis of the limitations clause ( Section 1 ) of the Canadian Charter of Rights and Freedoms that allows reasonable limitations on rights and freedoms through legislation if it can be demonstrably justified in a free and democratic society.

The Court was unanimous in holding that the shift in onus violated both Oakes's section 11 ( d ) rights and indirectly his section 7 rights, and could not be justified under section 1 of the charter.

In a secret letter sent to the President of the German Supreme Court, which was trying a member of the Black Reichswehr for murder, Seeckt admitted that the Black Reichswehr was controlled by the Reichswehr, and claimed that the murders were justified by the struggle against Versailles, so the court should acquit the defendant.

Although the judges in the High Court and Court of Appeal said that they felt the ban was not justified they could not overturn it and Stonewall had to take the case to Strasbourg and the European Court of Human Rights before winning it.

The right to marry a person of a different race was addressed in Loving v. Virginia, in which the Court said that its decision striking down anti-miscegenation laws could be justified either by substantive due process, or by the Equal Protection Clause.

The rule of reason is essentially the proposition that a proportionality exercise must be performed by the Court to determine whether the effects of Member State legislation on the free movement of goods is justified in light of the legislation's stated goals.

In what was her first opinion written for the Supreme Court, Justice Sandra Day O ' Connor stated, " In limited circumstances, a gender-based classification favoring one sex can be justified if it intentionally and directly assists members of the sex that is disproportionately burdened.

For lawyers, reflecting perhaps their parochial preferences, there has been a special fascination since then in the role played by the Supreme Court in that transformation -- the manner in which its decisions altered in `` the switch in time that saved nine '', President Roosevelt's ill-starred but in effect victorious `` Court-packing plan '', the imprimatur of judicial approval that was finally placed upon social legislation.

Four ecclesiastical questions were presented by the General Court to Gorton: `` 1.

This Court agreed with the trial court `` that considerations of price, quality and service were not overlooked by either Du Pont or General Motors ''.

This claim, as submitted to the District Court and dismissed by it, 126 F.Supp.235, alleged violation not only of 7 of the Clayton Act, but also of 1 and 2 of the Sherman Act.

General Motors comprehensively contended that the Government plan would not be `` in the public interest '' as required by the mandate of this Court.

By making inroads in the name of law enforcement into the protection which Congress has afforded to the marriage relationship, the Court today continues in the path charted by the recent decision in Wyatt v. United States, 362 U.S. 525, where the Court held that, under the circumstances of that case, a wife could be compelled to testify against her husband over her objection.

`` We, the Subscribers, do agree, that as soon as a convenient Number of Persons have subscribed to this, or a similar Writing, We will present a petition to the Hon'ble General Court of the Commonwealth of Massachusetts, praying for an Act incorporating into a Body politic the subscribers to such Writing with Liberty to build such a Bridge, and a Right to demand a Toll equal to that received at Malden Bridge, and on like Terms, and if such an Act shall be obtained, then we severally agree each with the others, that we will hold in the said Bridge the several shares set against our respective Names, the whole into two hundred shares being divided, and that we will pay such sums of Money at such Times and in such Manners, as by the said proposed Corporation, shall be directed and required ''.

I fought like a tigress but by the time I appealed my case to the Supreme Court ( 1937 ), Mr. Roosevelt and his `` henchmen '' had done their `` dirty work '' all too well, even going so far as to attempt to `` pack '' the highest tribunal in the land in order to defeat little me.

In this view, supported by only three members of the Court, a power denied by the specific provisions of Article 3, was granted by the generality of Article 1.

For almost a hundred years we relied upon state courts ( subject to review by the Supreme Court ) for the protection of most rights arising under national law.

Meanwhile, the Supreme Court, like Congress, showed misgivings concerning this aspect of government by injunction.

Holding the final corporation entitled to sue on the claim, the Court cited the Seaboard, Novo Trading, and Roomberg cases for the proposition that `` transfers by operation of law or in conjunction with changes of corporate structure are not assignments prohibited by the statute ''.

Only when a decision is rendered by the District Court of Appeal ( or, of course, the Supreme Court ) is a binding precedent established.

There is little doubt that they were promulgated by the Supreme Court as a direct result of the Selden patent suit.

The September-October term jury had been charged by Fulton Superior Court Judge Durwood Pye to investigate reports of possible `` irregularities '' in the hard-fought primary which was won by Mayor-nominate Ivan Allen Jr..

Under Formby's plan, an appointee would be selected by a board composed of the governor, lieutenant governor, speaker of the House, attorney general and chief justice of the Texas Supreme Court.

Petitions asking for a jail term for Norristown attorney Julian W. Barnard will be presented to the Montgomery County Court Friday, it was disclosed Tuesday by Horace A. Davenport, counsel for the widow of the man killed last Nov. 1 by Barnard's hit-run car.

He made a vehement and complete denial, saying that he was being subjected to a " high-tech lynching for uppity blacks " by white liberals who were seeking to block a black conservative from taking a seat on the Supreme Court.

In 2007, Clarence Thomas published his autobiography, My Grandfather's Son, in which he revisited the controversy, calling Hill his " most traitorous adversary " and saying that pro-choice liberals who feared that he would vote to overturn Roe v. Wade if he were seated on the Supreme Court used the scandal against him.

In 2008, the U. S. Supreme Court overturned a Washington, D. C. law that required handguns to be locked or otherwise kept inoperative within the home, saying that this " makes it impossible for citizens to use them for the core lawful purpose of self-defense.

The government sidestepped the ruling, however, saying " The government construes this Court ’ s Order as applying only as to the named plaintiffs in this suit.

The United States Supreme Court ( in Penry v. Lynaugh ) and the United States Court of Appeals for the Fifth Circuit ( in Bigby v. Dretke ) have been clear in their decisions that jury instructions in death penalty cases that do not ask about mitigating factors regarding the defendant's mental health violate the defendant's Eighth Amendment rights, saying that the jury is to be instructed to consider mitigating factors when answering unrelated questions.

The Court of Sessions of Scotland ruled against him, saying that chattel slavery was not recognised under the law of Scotland, and slaves could seek court protection to leave a master or avoid being forcibly removed from Scotland to be returned to slavery in the colonies.

One known hyper-injunction was obtained at the High Court in 2006, preventing its subject from saying that paint used in water tanks on passenger ships can break down and release potentially toxic chemicals.

The Supreme Court of New South Wales held that, despite what the man said, the ring remained a conditional gift ( partly because his saying that she could keep it reflected his desire to salvage the relationship ) and she was ordered to pay him its A $ 15, 250 cost.

He produced two dealers whom he said were autograph experts, but Superior Court Judge Matthew C. Kincaid excluded their testimony saying that neither Steve Koschal nor Richard Simon " possess sufficient skill, knowledge or experience in the fields in which they were asked to render opinions.

In 1902, Supreme Court Justice John Marshall Harlan employed this sense of the phrase, saying in a speech that " great captains on both sides of our Civil War have long ago passed over to the silent majority, leaving the memory of their splendid courage.

In 2006, Star fabricated a story saying Witherspoon was pregnant with her third child, which led to Witherspoon suing the magazine's parent company American Media Inc in Los Angeles Superior Court for privacy violation.

In 1852, the Missouri Supreme Court struck down the lower court ruling, saying, " Times now are not as they were when the previous decisions on this subject were made.

A three-judge panel of the Taipei District Court ruled that Lee must apologize and compensate Soong, saying that Lee's " groundless " remark had damaged Soong's reputation.

The United States Court of Appeals for the District of Columbia Circuit dismissed the suit in July 2011, saying the Nuclear Regulatory Commission had not ruled on the withdrawal of the license application.

The rest of the Supreme Court had nothing to do with Merryman, and the other two justices from the South, John Catron and James Moore Wayne, acted as Unionists ; for instance, Catron's charge to a Saint Louis grand jury, saying that armed resistance to the federal government was treason, was quoted in the New York Tribune of July 14, 1861.

The New Jersey Supreme Court ruled against the Boy Scouts, saying that they violated the State's public accommodations law by revoking Dale's membership based on his homosexuality.

On June 26, 2009, the Supreme Court of Canada issued a 6-1 decision saying courts must take into account the maturity and decision-making capacity of minors before ruling on enforced medical treatment.

The dispute extended up to the U. S. Supreme Court, which ruled against them, saying that while they have exclusive rights to the game Monopoly, they can not prevent others from using the word " monopoly " in the name of a game.

In 2007 the Supreme Court of the Czech Republic ruled that mere cultivation of hemp should not be punishable unless production of the drug is proven ; an officer from the Czech anti-drug unit was quoted saying that " this decision is irrelevant to our work.

Rockingham wrote to Augustus Keppel on 3 November 1779, saying that he believed the war against American could not be won, that the government was corrupt but not unpopular, and that the longer this continued the greater the danger to the liberties and the constitution of Britain: " Perhaps a total change of men and measures, & system in the Government: of this country might have effect on the councils of some foreign countries ... who might think that it was no longer a Court system to combat, but that the whole nation wd ; united & make the utmost efforts ".

* Horace Greeley's The American Conflict ( 1864 ) is the source for President Andrew Jackson allegedly saying, after the Supreme Court ruling in Worcester v. Georgia, " John Marshall has made his decision: now let him enforce it!

However, the High Court, in 2006, held that these Orders in Council were unlawful, saying " The suggestion that a minister can, through the means of an order in council, exile a whole population from a British Overseas Territory and claim that he is doing so for the ' peace, order and good government ' of the territory is to us repugnant.

In April 2008, the United States Court of Appeals for the Second Circuit overruled the district court, holding that as EPA head Whitman could not be held liable for saying to World Trade Center area residents that the air was safe for breathing after the buildings collapse.