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29 Jun 2011, 5:38 pm by Adam Levitin
[Updated:  Fourth, the Fed applied a patently inconsistent and indefensible methodology to achieve the 5bp number. [read post]
8 Aug 2018, 1:18 pm by Mark Theodore
” The content of information requests is rarely the issue and that is what makes an outright refusal to provide relevant information nearly indefensible. [read post]
18 May 2008, 6:57 am
I also defended the possibly indefensible, by writing about retired judge Gerald Butler QC’s brutal attack on Cherie Blair qua Cherie Booth QC when he stated, in the very best tradition of Kenny Everett’s ‘Angry of Mayfair” character, that “It is altogether disgraceful but nothing less than I would expect from her. [read post]
6 Jun 2009, 6:00 am
An expert witness hired by his insurance company told the carrier that she was "appalled" by what Grimes did -- that it was "inexcusable and indefensible," according to internal documents the company was later forced to disclose.But for nearly two years, the company – -- American Physicians Assurance Corp., which insures many Kentucky doctors – -- refused to engage in settlement discussions. [read post]
13 Nov 2011, 9:19 am by Benjamin Wittes
At the other end of the spectrum, one can imagine judicial review that looks more like review of agency action–concerned less with redoing the basic fact-finding than with verifying that reasonable procedures did not veer wildly off the rails and produce and indefensible outcome. [read post]
12 Jan 2012, 8:15 am by Steve Hall
"Ohio has been in a dubious cycle of defending often indefensible conduct, subsequently reforming its protocol when called on that conduct, and then failing to follow through on its own reforms," Frost wrote. [read post]
5 Jun 2015, 1:01 pm by Benjamin Wittes
The first part of this analysis is unpersuasive, and the second part is indefensibly false. [read post]
29 Jun 2017, 8:30 am by Joseph Tartakovsky
Congress recognizes that federal habeas review should address only the most indefensible legal errors in our state criminal-justice systems. [read post]
12 Aug 2011, 2:55 pm by Richard A. Epstein
  Rather it has the indefensible pedigree of twisting the Commerce Clause beyond recognition in order to sustain the Agricultural Adjustment Acts whose cartel maintenance activities have done so much harm to this overall welfare of this nation. [read post]
27 Jul 2016, 9:01 pm by Marci A. Hamilton
The position the Department took was indefensible as a matter of law, and it is difficult to separate you from your husband’s enthusiastic support of the misguided Religious Freedom Restoration Acts he signed in 1993 and 2000. [read post]
27 Jun 2010, 2:31 am by SHG
  The use of rampant hearsay evidence is indefensible, but proponents contend that a murderer shouldn't get away with it just because they've killed the only competent witness. [read post]
9 Jul 2019, 9:01 pm by Michael C. Dorf
Yet whoever ends up representing the administration, the attempted withdrawal may shed light on the merits of the case and the lengths to which the President and those who serve him are willing to go for the citizenship question.Meanwhile, the attempted change in the DOJ legal team might signal that DOJ professionals were unwilling to try to mount an indefensible defense. [read post]
17 May 2016, 12:10 pm by Rick Garnett
That rule provided an indefensibly narrow religious exemption, one that was effectively limited to houses of worship and did not cover most religious universities, schools, social-service agencies, outreach ministries, or health-care providers. [read post]
7 Aug 2020, 11:43 am by Alicia Maule
Payne’s Petition for Post-Conviction DNA Analysis, which was filed on July 22, 2020, can be viewed here: https://tinyurl.com/y3gbrobk “The District Attorney’s stance that DNA testing is not relevant is indefensible. [read post]
14 Nov 2010, 9:57 pm
In that observation lies the single greatest difference between the PECUSA of 1861 and the ECUSA of today.The double standard of the Church claiming to be fully autonomous within the Communion, but denying that its member dioceses are autonomous within the Church, is indefensible and unworthy of Christians to maintain. [read post]
24 Nov 2020, 9:00 pm by Marci A. Hamilton
This was how conservative believers could defeat civil rights.Shame on the Democrats in 2000 who blinked and let RFRA be raised from the dead through the indefensible “unanimous consent” procedure. [read post]
6 Jan 2008, 12:58 pm
  Hart ruled that Wells could constitutionally have "not gay" crossed off Zamecnik's t-shirt, but that the "refusal" to let her substitute the slogan "be straight" was probably constitutionally indefensible. [read post]
30 Jun 2014, 9:14 am by David Kemp
Sebelius Is Indefensible (July 11, 2013)Marci Hamilton, The Insatiable Demand for Extreme Religious Liberty Under the RFRAs, Part I: Why Hobby Lobby Falls Outside RFRA’s Protections (March 6, 2014)Marci Hamilton, The Lessons of the New Mississippi RFRA that Shed Light on the Hobby Lobby and Conestoga Wood Cases Pending at the Supreme Court (May 15, 2014)Marci Hamilton, What RFRA Has Wrought: Hobby Lobby, Onionhead, and the Perils of Religious Triumphalism (June 16,… [read post]
20 Dec 2010, 8:56 pm by Ilya Somin
By contrast, I have argued that the Confederate attempt at secession was indefensible because it was undertaken for the evil purpose of perpetuating and extending the oppressive institution of slavery (see here and here).In South Carolina’s case, among others, you don’t have to take my word about their motives. [read post]
22 Feb 2018, 10:21 am by umbrella
This would be indefensible, and not warranted by the facts adduced at the hearing. [read post]