Thirteen state attorney generals sent a letter to congressional leaders saying that if a Nebraska clause isn't in the final health care bill that they would bring legal action, based on equal protection clause and arbitrary spending.

WHITEHOUSE: Press Briefing

There has to be a contract for a contract to include a clause preventing the consumer from joining a class action.

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Foster had been out of action since November's defeat by Morecambe as a clause in his contract would have automatically generated a new deal with two further appearances.

BBC: Darlington release Steve Foster and Lee Thorpe

The contract said "negative publicity" due to "alleged possession, use or sale of banned substances" by riders or team personnel would constitute an "event of default, " as would a failure to take "action" if a rider violates a morals or drug clause.

WSJ: Justice Department Poised to Join Armstrong Whistleblower Suit

If a company doesn't meet the nexus requirement, the Supreme Court would have to change its opinion-a painstakingly slow and unlikely course of action-or Congress would have to make a revision under the Interstate Commerce Clause in order to tax the company's e-commerce sales.

CNN: The Internet tax revolt

It also announced a mandatory arbitration clause, forcing users to waive their rights to participate in a class action lawsuit except under very limited circumstances.

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During the Sixth Circuit arguments, Judge Jeffrey Sutton, who was nominated by President George W. Bush, asked Kaytal if he could name one Supreme Court case which considered the same question as the one posed by the mandate, in which Congress used the Commerce Clause of the U.S. Constitution as a tool to compel action.

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If you subscribe to the importance of the Equal Protection Clause of the United States Constitution, it becomes difficult to take a position that the existence of affirmative action was ill conceived from the outset as to deny that certain defined segments of American society were disadvantaged by who they are would be to deny reality.

FORBES: The Supreme Court Is the Supremely Wrong Place To Address Affirmative Action