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To: NinoFan
US SC decision in Winter v. National Resources Defense Council

For the record, the USSC merely overturned the grant of a preliminary injunction against the Navy. Second the dissent was principally Ginsberg and Souter. Breyer's dissent is very different and he does not uphold the original injunction at all.

20 posted on 11/12/2008 8:06:32 AM PST by AndyJackson
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To: AndyJackson

Having already read it, It seems like a pretty strong win for national defense. Considering the importance of these exercises, an injunction is about as bad as you can get.

Also:

“At the same time, what we have said makes clear that it
would be an abuse of discretion to enter a permanent
injunction, after final decision on the merits, along the
same lines as the preliminary injunction. An injunction is
a matter of equitable discretion; it does not follow from
success on the merits as a matter of course. “


23 posted on 11/12/2008 8:14:01 AM PST by NinoFan
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