At least, that was the determination of the Appellate Body of the World Trade Organization when the question arose in a different case involving imports of Chinese coated paper.

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The reason is simple and stems from the constitutional question that arose from a federal program in which all citizens were required to participate.

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One question that arose: why did this have to be a government funded facility?

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Indeed, an interesting moral question arose as I walked up one side of the road and down the other hauling a heavy-duty trash bag (I'd eventually fill two of them).

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