Realistically, law operates through precedent not through possible outcomes of a SCOTUS challenge.

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Seven others, including Massachusetts, banned it through legal precedent.

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The Keystone project is being reviewed in a process that was established through many decades of precedent at the State Department.

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The courts would likely side with the players based on historical precedent, and going through the court system would be costly both financially and from a public relations perspective.

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However we must set a precedent by achieving this change through the proper DCMS channel and not just on a date-by-date vote by individual local council groups.

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The German finance ministry feared the commission was trying to establish a precedent for centralized European public borrowing, through EU bonds.

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Judge Silberman ruled that under the Wickard precedent almost any activity could be deemed, through some extended chain of causation, to have an impact on interstate commerce and thus be fit for federal control.

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Last year's famine in Ethiopia set a precedent, with 100, 000 tonnes of food aid coming through Berbera, which had previously been written off as too small and too decrepit.

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Rather than show the world the America means business when it comes to trade, it could establish an unwelcome precedent for other countries to rescind permanent normal trade relations instead of resolving disputes through a third party.

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"The precedent set with the Seven case will replay itself with anybody else who chooses to see this through litigation, " warns Visto Chief Brian Bogosian.

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