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Something will be permissibly suboptimal just in case it is permissible and precluded by doing the maximum:
Being implicated in another's wrongdoing can compromise one's standing, in a variety of ways, even if one has oneself acted permissibly.
Instead, it is concerned with whether, given the world as Alphonse takes it to be, Alphonse should be regarded as having acted permissibly.
The court feels that the state can permissibly achieve its goal of keeping judicial elections nonpartisan by regulating the partisan activity of judges and political candidates.
One might have expected him to consider, for example, whether the state can permissibly abolish the legal status of marriage altogether and treat all persons as single individuals, some (perhaps many) of whom have made enforceable property and child-rearing arrangements.
The benefit of 501(c)(6) is that "an organization that is exempted under section 501(c)(6) may permissibly engage in any amount of legislative activity germane to the common business interest of the organization's members.
Yet we might permissibly impose greater post-efforts on someone in the second case than in the first if this would prevent permanent bad consequences.
77) In doing so, the Court set forth a four-pronged test to determine whether a statute permissibly regulates expressive conduct: the statute must be "within the constitutional power of the Government"; it must further an "important or substantial governmental interest"; this interest must not be related to the "suppression of free expression"; and the incidental restriction the statute imposes on First Amendment rights must be "no greater than is essential to the furtherance of that interest.
45) Therefore, EPA could permissibly promulgate storm water regulations with retroactive liability only if the CWA contained an "express authorization" of retroactivity, which it did not.
Alternatively, we might define acting "acceptably" as acting permissibly in the sense above.
3) Inconvenient or not, however, no one, on Locke's view, can permissibly be forced out of the State of Nature.