Word: lower-court
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...Even if it were, delaying tough constitutional questions-allowing an issue to "mature"-is a familiar approach in the High Court. Virtually all authorities agree that some degree of uncertainty, even if it means confusion and inequality, is preferable to hard law written without benefit of sufficient experience, study, lower-court opinions and the like. Moreover, the court's nonaction may provide an opportunity to cool the issue considerably...
...over the court a phantom docket of cases that have not yet been formally presented to the Justices but almost certainly will be. And all involve challenges to presidential powers. Unlike the neutral result of the action on the Georgia impoundment suit, these other cases will come up with lower-court rulings that will stand if the Supreme Court declines to review...
...indicated that it was just as opposed to the de facto segregation in the cities of the North as to the now forbidden legal segregation of the South. Ruling on the system in Denver, the court upheld a lower-court finding that the school board had fostered segregation in a significant portion of the city. Sending the case back to the lower courts for further action, the Justices said that unless the school board can prove it did not practice segregation in mixed neighborhoods, it may be required to integrate the entire system, presumably by busing if necessary...
...zones-could endanger the ecology of the arctic tundra. Yet the conservationists' biggest weapon turned out to be a narrow technicality: the required right of way would exceed the legal maximum 54-ft. width. The Administration looked to the Supreme Court to get around that legal scruple, but last week the court refused to review a lower-court decision upholding the law. Now the pipeline proposal will be bucked to Congress, where it may create as big a furor...
...federal judge in Utah ruled in favor of El Paso in 1962, but the Supreme Court overturned the decision in 1964. The same lower-court judge then approved a divestiture agreement that kept effective control of Pacific Northwest in the hands of El Paso's management. In 1967 the Supreme Court removed the Utah judge from the case and ordered that Pacific Northwest be sold to an independent third party. A federal judge in Colorado then approved another divestiture proposal in 1968, but the Supreme Court later threw it out. Last year the Colorado federal court approved...