A statement that is facially false but that hits at an emotional truth is still facially false.
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It would be dangerous and debatable, but not facially illegitimate.
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The withholding of the articles is not only facially inappropriate.
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Kara Swisher: Do you think it's okay to facially recognize people?
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There was something in Draymond that made him pause. Emotionally. Physically. Facially.
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The collusion theories proffered by Trump critics have, thus far, been facially dubious.
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Also facially he looks a bit like the stick insect from A Bug's Life.
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However, one can oppose an emergency declaration without claiming that it is facially unconstitutional.
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"Porn star lawyers with facially implausible claims are driving the news cycle," Hatch continued.
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We're just a stone's throw away from a voice-activated, facially recognized, algorithm-driven life.
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At the time, some of us warned that the Obama privilege assertions was facially invalid.
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But the obstruction statutes do apply to actions that would be "facially lawful" under other circumstances.
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Obama's is magnificent for the dress and elegant, but entirely misses the mark facially for me.
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What she says and what we see her expressing facially and bodily often do not match.
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"It's facially absurd" that certain doctors can spring large, surprise bills onto patients who carefully choose their hospital.
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Some false statistics, however, are so facially absurd that they are indeed harmless except to the most gullible.
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Identifying partners across – facially disconnected data sets that you can bring together, it is a new enforcement tool.
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That requirement "is facially discriminatory against transgender employees" because it treats them differently from other employees, Ms. Gupta wrote.
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"This court is no longer faced with a facially discriminatory order coupled with contemporaneous statements suggesting discriminatory intent," Trenga explained.
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Mandel that courts may not "look behind" a "facially legitimate and bona fide reason" when the president exercises immigration authority.
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So it should not be possible for apps to continuously facially track users — unless a user continues to use their app.
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Field Notes If some men look a little facially frozen in their wedding photos, it's now perhaps because of the Botox.
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" Roberts, a Clinton appointee, noted that despite being "facially neutral," as the Supreme Court ruled, "its impact falls predominantly on Muslims.
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Experts declared that leaks by definition only involve classified information — a facially ridiculous position that was widely stated with complete authority.
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Called Vova, a nickname for Vladimir, he bears a striking resemblance, facially and biographically, to a certain current president of Russia.
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Generally, ICE has recognized a pending facially valid U visa as a basis to delay removal proceedings and release individuals from custody.
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Facially, evidence suggests that a vice-presidential candidate might be useful in terms of helping a candidate with the Veep's home state.
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So the 'choice' for a user may be between being facially tracked by their favorite app or foregoing using the app entirely… Yeap.
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"In short, as long as there is a facially valid legislative purpose for the investigation, Congress acts within its constitutional authority," he wrote.
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The Trump administration says that its concerns about security are a facially legitimate and bona fide reason; both appeals courts have strongly disagreed.
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But as long as the government can provide a "facially legitimate" reason for the restriction, the courts have decided not to pry too hard.
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His ruling was broad, declaring S.B. 8 "facially unconstitutional" on multiple fronts and noting that the courts had rejected similar laws in other states.
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Many of them are "facially neutral": never mentioning particular groups and at first glance nondiscriminatory, but producing stark racial and gender disparities in giving.
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But it is wholly inapt to liken that morally repugnant order to a facially neutral policy denying certain foreign nationals the privilege of admission.
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" But the free speech argument ultimately prevailed, with the court declaring "that the statute at issue here is facially unconstitutional even applying only intermediate scrutiny.
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"Here, the executive order undeniably states a facially legitimate and bona fide reason — protecting against terrorism — which is sufficient to end the matter," DOJ said.
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" He continued, "It is wholly inapt to liken that morally repugnant order to a facially neutral policy denying certain foreign nationals the privilege of admission.
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Mandel set a precedent that to defeat a legal challenge, the DOJ need only offer a "facially legitimate and bona fide" reason for its actions.
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" Trump continued about Jackson's changing appearance: "He had people that did numbers on him that were just unbelievable, facially, and you know, the plastic surgeons.
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The role of the courts, he said, was limited to determining whether the government had a "facially legitimate and bona fide reason" for taking action.
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Under a 1972 Supreme Court immigration decision, he said, judges should not second-guess the government's "facially legitimate and bona fide reason" for denying visas.
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"New training and technological advances have reduced the percentage of summonses dismissed as 'facially insufficient' every year since 2011," Mr. Donald, the police spokesman, said.
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So the new left fixation on a carbon tax is at least facially peculiar, since, it seems to me, the policy issues from classically neoliberal instincts.
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This facially ridiculous argument was rejected by the Supreme Court, though Brewster was later acquitted of bribery and had the remaining convictions overturned on other grounds.
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The rest of the commercial looks like any other Bond movie, though, complete with stunts, gunfire and two facially disfigured villains (Christoph Waltz and Rami Malek).
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"It is undisputed that the executive order does not facially discriminate for or against any particular religion, or for or against religion versus nonreligion," he wrote.
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"The Supreme Court reaffirmed that facially neutral policies are subject to only limited, deferential review and may not lightly be held unconstitutional," the DOJ brief said.
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How have they all gravitated toward the facially odd position that the ongoing health of fossil fuel companies is the only way to secure American liberty?
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"These are facially valid legislative purposes, and it is not for the court to question whether the Committee's actions are truly motivated by political considerations," Mehta wrote.
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The appeals court called the tax "facially discriminatory," saying it taxed only cross-border transactions between a Puerto Rico corporate taxpayer and a related entity located elsewhere.
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"These are facially valid legislative purposes, and it is not for the court to question whether the committee's actions are truly motivated by political considerations," he wrote.
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" The court then found "a facially legitimate and bona fide reason" for the registration requirements because the countries were "selected on the basis of national security criteria.
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Judge Amit Mehta found that the House Oversight Committee had presented "facially valid legislative purposes" in issuing a subpoena for financial records related to Trump and his businesses.
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Indeed, opposing Trump appears to be a new article of faith for lawyers, including some who have been lionized for conduct that is facially unprofessional and arguably unethical.
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In Tuesday's 9th Circuit oral argument, administration lawyer August Flentje called the executive order "facially legitimate," meaning there is no need for courts to inquire further into motive.
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According to one plenary-power standard, as long as the government can offer a "facially legitimate and bona fide" reason for doing what it did, then it's constitutional.
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Precisely because the "threat" posed by the caravan is facially absurd, believing in it — performing belief in it — is a powerful act of shared identity reinforcement, of tribal solidarity.
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On Wednesday, the appeals panel called the tax "facially discriminatory," saying it taxes only cross-border transactions between a Puerto Rico corporate taxpayer and a related entity located elsewhere.
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While the majority opinion acknowledged Trump's anti-Muslim comments and tweets, Chief Justice John Roberts wrote that the order was "facially neutral toward religion" and had a legitimate purpose.
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It quotes from the lawsuit: The sheer volume of prescription opioids distributed to pharmacies in Cabell County is excessive for the medical need of the community and facially suspicious.
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Mandel, a 1972 case where the court held that the government need only demonstrate a "facially legitimate and bona fide" reason to bar foreign nationals to survive judicial scrutiny.
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Suffice to say, Perry was asking FERC to intervene in energy markets in the crudest possible way, distorting their results based on justifications that were not even facially plausible.
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He added that "it is wholly inapt to liken that morally repugnant order to a facially neutral policy denying certain foreign nationals the privilege of admission" to the United States.
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Indeed, many of the very same politicians and pundits declared the various travel ban orders to be facially unconstitutional, but the Supreme Court ultimately lifted the injunctions of lower courts.
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The template provides a blueprint for arresting an individual standing on or near a public housing development who cannot give a "valid reason" for being there — a facially unconstitutional detention.
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You can sometimes challenge a visa denial — but as long as the government can give you a "facially legitimate and bona fide" reason your visa was denied, you're out of luck.
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Barr said that, for instance, the president's firing of an FBI director is a "facially valid exercise of core presidential authority," so the obstruction of justice statutes shouldn't apply to it.
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McGuire had one of the most memorable performances in the 1990 John Waters' teen musical as the facially disfigured Malnorowsk, a devoted member of Cry-Baby's (Depp) gang of misfit teens.
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"At the sixth trial, Evans accepted the first black panelist, then struck the remaining five, proffering facially neutral reasons for his strikes that the Mississippi Supreme Court sanguinely accepted," Johnson wrote.
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One of the most popular ghost stories in Japan, the Oiwa was a woman who became facially deformed after her husband poisoned her so he could marry a rich neighbor's granddaughter.
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Even when, say, defending the right of the US government to discriminate against immigrants on the basis of religion, he portrays his position as support for the facially neutral rule of law.
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Din that when a plaintiff makes "an affirmative showing of bad faith" that is "plausibly alleged with sufficient particularity," courts may "look behind" the challenged action to assess its "facially legitimate" justification.
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In American law, there is a concept called adverse impact, in which, essentially, some facially neutral rules that have an unjustified adverse impact on a particular group can be challenged as discriminatory.
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Yet the ruling contradicts the Supreme Court's admonition that courts may not "look behind" a "facially legitimate" reason — here, the national security interest in stricter vetting — when the president exercises immigration authority.
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But it appears that at least some of the judges who've heard the case so far see the existing order as a sloppy attempt to phrase a "Muslim ban" in facially neutral language.
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Cory Booker (D-NJ) and Elizabeth Warren (D-MA) who've gone out of their way to emphasize the racial justice angles to facially race-neutral policies like baby bonds and expanding housing supply.
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They have ignored the Supreme Court's admonition that courts may not "look behind" a "facially legitimate" reason for an executive order, which in these cases was a national security interest in stricter vetting.
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When the executive branch has used such authority to exclude aliens "on the basis of a facially legitimate and bona fide reason," the courts will not look behind the exercise of that discretion.
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If you have JPEGs, obviously for the users that are Kara's friends, your phone and the JPEGs that are taken on your phone are all easily facially recognized by all the services now.
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To understand why baby bonds — a proposal that is facially race-neutral — has this dramatic an effect on the racial wealth gap, you have to know a bit more about how it's formally structured.
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Past suggested impeachable offenses either have been facially ridiculous, like the comments Trump made about Charlottesville or his criticism of national anthem protest kneelers, or legally flawed, like the Russia intervention or obstruction theories.
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I think part of that has to do with the fact that because almost any story you hear about Trump is facially plausible, there's an impulse to run with things before you can confirm them.
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To achieve this end, Pueblos Sin Fronteras along with "legal aid" groups are openly coaching the migrants about what they need to say to immigration officials in order to make a facially valid asylum claim.
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A satirical online article in the run-up to the referendum playfully 'quoted' facially-adorned head doorman Sven Marquardt as saying that if Brit's voted out, they would be 99% less likely to get in.
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Mr. Barr also says that the obstruction statutes do not apply to "facially lawful" acts by the president such as the firing of an F.B.I. director, because presidents are constitutionally authorized to fire their subordinates.
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Today, the GOP relies primarily not on under-the-radar Election Day dirty tricks, but rather on facially neutral laws and regulations, such as voter ID, which tend to hit nonwhite and poor voters hardest.
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Rather, we simply find it hard to believe that a piece addressing such a matter of genuine national importance would be so deeply uninformed about, and facially devoid of analysis of, the actual legal issues involved.
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Mueller's comments MUELLER REPORT: First, the investigation concerned the President, and some of his actions, such as firing the FBI director, involved facially lawful acts within his Article II authority, which raises constitutional issues discussed below.
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US District Judge Amit Mehta wrote in a 41-page opinion that the House Oversight Committee had presented "facially valid legislative purposes" in subpoenaing Mazars LLP for financial records related to Trump and his eponymous businesses.
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In a 5–4 decision, Chief Justice John Roberts wrote that in evaluating a constitutional challenge to the proclamation, courts had to decide if there was a "facially legitimate and bona fide reason" for the policy.
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The ironically-titled film tells the story of a young man who wears a mask in order to infiltrate a support group for the facially different (formerly referred to as "disfigured," a word no longer deemed appropriate).
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"It is facially constitutional to ask the question," said James Sample, a law professor at Hofstra University, "even though it is colossally dumb" because it was likely to reduce the number of people responding to the census.
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"It is facially constitutional to ask the question," said James Sample, a law professor at Hofstra University, "even though it is colossally dumb" because it was likely to reduce the number of people responding to the census.
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Unless this Court grants review to give freedom of association meaning and resolve a circuit conflict that the Attorney General validates, lower courts will continue to facially uphold the most sweeping disclosure mandates that bureaucrats can imagine.
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The states argue that, even though the government can point to a facially legitimate rationale for the country bans, they're doing so in bad faith because the president and his advisers have made comments about banning Muslims.
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Rejecting this argument, the Supreme Court stated that if President Trump's executive order is facially legal and can be justified on a legitimate national security basis (as the president's order was), the federal judiciary should not block it.
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The play's parched-voice Elizabeth (an implacable, facially immobile Tara Fitzgerald) may glide about Jon Bausor's set with ease, but "The Secret Theatre" is about the restrictions that inevitably come in a society on guard against unnamed dangers.
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After all, it is the facially scarred Lamb — much is made of the exact cause of his disfigurement — who calls for The Sun "to lean forward with momentum," which is what Mr. Carvel's Murdoch seems physically to do.
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It's hard to argue that a sexual assault of the nature described by Ford, even one that took place in high school, is facially irrelevant to a nominee's qualifications to serve as a justice of the Supreme Court.
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Even when the Supreme Court has made exceptions and examined government visa decisions, though, it's said they can only be reviewed if the government can't offer a "facially legitimate and bona fide" reason for the decision it made.
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But somewhat befuddled by Bernie Sanders' far-left economic pitch gaining traction, Hillary Clinton's campaign turned to the argument that policies that are facially neutral on race are insufficient and that Democrats should talk about "systemic racism" and intersectionality.
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Aka the animated emoji characters which were demoed on stage when Apple announced the iPhone X and which enable users to virtually wear an emoji character as if was a mask, and then record themselves saying (and facially expressing) something.
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As Gorton's order reads, the president has broad authority under our immigration laws to "suspend entry of certain aliens" and that such an authority need only a "facially legitimate" reason to support its application (the so-called "rational basis" test).
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"It is evident as a matter of law that the city met its burden of showing that the adult establishments continued to have a predominant focus on sexually explicit materials and activities," making the law "facially constitutional," Judge Eugene Fahey wrote.
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"In sum, Pendley's claims are facially implausible, contradicted by verifiable facts, and undermined by a string of contemporaneous communications with the Pastners which belie any claim that Pastner mistreated Pendley in any way," Schneider wrote in the report, per Perez.
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"Many documents facially appearing to reflect normal business dealings will therefore warrant disclosure for examination and analysis by skilled investigators assisting the committees to determine the effectiveness of current regulation and the possible need for improved legislation," the court wrote.
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For one thing, this question comes back to the "facially legitimate and bona fide" standard — the government argues that since it has offered a national security rationale for the ban, the courts don't have the power to scrutinize the policy's constitutionality.
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Gregory wrote in the main opinion that even if the proclamation was "facially legitimate" — that the text on its face didn't run afoul of the constitution — it failed the test of whether the government had a "bona fide" reason for adopting it.
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In "The Way Home," from the 1919 portfolio Hell (Die Hölle), a man (modeled on Beckmann) assists a maimed and facially disfigured veteran in finding his way home while two men on crutches appear as shadows in the background of the claustrophobic composition.
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"The Court concludes that, at this stage of the proceedings and on the record evidence currently before the Court, plaintiffs are likely to prevail on their argument that (the ban) unconstitutionally restricts pre-viability abortions and, therefore, is facially unconstitutional," Baker wrote.
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In this, I think, the casting has given us an ideal representative; for we, too, would be facially immobile at the prospect of forever defending a prop wall against an infinitude of implacable digital effects with no letup in the lack of interest.
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"Unless corrected by the Supreme Court, the majority's new approach, which is unsupported by any Supreme Court case, will become a sword for plaintiffs to challenging facially neutral government actions, particularly those affecting regions dominated by a single religion," Judge Paul V. Niemeyer wrote.
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In Mandel, the Supreme Court held that when the Executive exercises its power to make policies and rules for the exclusion of aliens on the basis of a facially legitimate and bona fide reason, the courts will not look behind the exercise of that discretion.
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" And Eric Posner, a University of Chicago law professor, claims that the travel ban decisions contradict "the Supreme Court's admonition that courts may not 'look behind' a 'facially legitimate' reason — here, the national security interest in stricter vetting — when the president exercises immigration authority.
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In the case of the executive order, the government argues, the "facially legitimate" reason for the policy is that the countries banned under the executive order had already been singled out by Congress and by the Obama administration for flaws in their visa screening process.
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US District Court Judge Theodore Chuang heard arguments Wednesday morning for nearly two hours about whether he should block the President's new travel ban, and drilled both sides about the extent to which he should "look behind" a "facially neutral" law to find alleged discriminatory purpose.
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"Rather than take responsibility for its own failings, Hillair filed this frivolous lawsuit, seeking to shift blame to the Kardashians by conjuring up the facially absurd narrative that Hillair, a hedge fund, actually intended to shift gears and go into the cosmetic business," the Kardashian filing reads.
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" The Justice Department's lawsuit, filed in a different federal court in the state, argued that North Carolina's law, which prohibits people from using public restrooms that do not correspond with the gender listed on their birth certificates, compels "public agencies to follow a facially discriminatory policy.
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Michael Zeldin, a former prosecutor who was a special assistant to Mueller in the Justice Department, said the outreach to foreign governments by Trump's team at the time the Obama administration was in dispute with Israel over the vote is "facially" a violation of the Logan Act.
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The "morally repugnant order" that forced Japanese-American citizens from their West Coast homes and into detention camps "solely and explicitly on the basis of race" was different from "a facially neutral policy denying certain foreign nationals the privilege of admission" into the country, he wrote.
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It's the second loss for Trump in his bid to block the House Oversight Committee's subpoena to Mazars — a district court judge in Washington, DC, had ruled in May that the committee presented "facially valid legislative purposes" in issuing the demand for the president's financial records.
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Franchi points out that recently, the reverse criticism is made against certain casting calls, as disabled activists are now calling out the casting of able-bodied actors in roles for people who are disabled or facially different, as a BBC production of The Elephant Man did last summer.
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CNN analysts came out immediately after Comey's admission in his testimony, saying that first, this was not a leak because leaks are only classified (something I previously explained as entirely and facially incorrect), and second, these memos were like personal diaries that Comey had a right to disclose.
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"Under [Kemp's] regime and without the oversight of the Justice Department, facially neutral rules for removing voters...have become tools for voter purges," Abrams testified at a June 25 hearing on the Voting Rights Act held by the House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
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Invoking the familiar deference principle commonly applied by the court when it comes to executive actions in the name of national security, it decided to demand only a "rational basis" for the executive order (indeed, the majority said, it could have applied an even more relaxed "facially legitimate" standard of review).
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" Rather than relying on Mr. Trump's comments on Twitter or the campaign trail, Mr. Clark writes, the justices kept their analysis to what he sees as the strictly relevant considerations: "Whether the executive order is facially legitimate and balancing the executive's authority on national security against the burden on the plaintiffs.
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Yet lead House manager Adam SchiffAdam Bennett SchiffSchiff: Bolton 'refused' to submit affidavit on Trump's involvement in Ukraine controversy What the impeachment vote looked like from inside the chamber Trump to make statement on impeachment 'victory' on Thursday MORE offered a facially dubious explanation that Kupperman had said he would litigate the issue.
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"A bylaw that seeks to regulate the forum in which such 'intra-corporate' litigation can occur is a provision that addresses the 'management of the business' and the 'conduct of the affairs of the corporation,' and is, thus, facially valid," wrote Justice Karen Valihura for the unanimous Supreme Court, quoting Delaware's corporate code.
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For instance, in its ruling last year upholding President Trump's executive order imposing an entry ban on people from several Muslim-majority countries, the Supreme Court insisted, in a 5-to-4 vote, that the restrictions were "facially neutral toward religion," ignoring the president's long history of antipathy toward Islam and its adherents.
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" The court held that "when the Executive exercises [its] power negatively on the basis of a facially legitimate and bona fide reason, the courts will neither look behind the exercise of that discretion, nor test it by balancing its justification against the First Amendment interests of those who seek personal communication with the applicant.
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In addition to the quality of the ride, and, say, the riders' moods, or feelings about Uber in general, a crude star rating system might serve as a "facially neutral route" for discrimination to manifest in the platform, and to eventually "creep in" to employment decisions, according to a paper to which Ms. Rosenblat contributed.
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"In an age where employment discrimination rarely presents itself in policies that explicitly exclude employees based on skin color, the vitality of Title VII depends on its ability to root out more subtle practices — facially neutral policies, racial proxies, stereotyped thinking — that still operate to disfavor applicants based on their race," the lawyers wrote in their petition.
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Yet the Supreme Court still ruled against the Belgian journalist: We hold that, when the Executive exercises [its] power negatively on the basis of a facially legitimate and bona fide reason, the courts will neither look behind the exercise of that discretion, nor test it by balancing its justification against the First Amendment interests of those who seek personal communication with the applicant.
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But the reason Trump's critics think the ban isn't facially legitimate and bona fide is the same reason they think it violates the establishment clause to begin with: They believe that even though the ban doesn't explicitly target Muslims and even though it now includes two non-Muslim countries, it was motivated by anti-Muslim animus and therefore is unconstitutional.
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But now the administration has concocted a third justification that is far more insidious because it migrates from the realm of fantastical conspiracy theories to something more complex, facially plausible, and contiguous with Trump's stated purpose: to shift public scrutiny away from his campaign's complicity in Russian election interference, and toward his unsubstantiated counterclaim that the Russia story is fake and driven by illegal, selective, and politically motivated leaking of classified intelligence.
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Barr's comments BARR: Well let's take the firing of former FBI Director James Comey for example I think we would have said as a matter of law, and I'm not relying on my - my legal memo that I wrote as a private citizen but really on the views within the department of the people who think about these things and are responsible for framing the views of the department, and I think we would have said that as a matter of law the obstruction statutes do not reach facially valid exercise of core presidential authority or official authority even, decisions by the attorney general in administering the executive branch or litigation.
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Ed MarkeyEdward (Ed) John MarkeyJoseph Kennedy mulling primary challenge to Markey in Massachusetts Overnight Energy: Trump sparks new fight over endangered species protections | States sue over repeal of Obama power plant rules | Interior changes rules for ethics watchdogs To cash in on innovation, remove market barriers for advanced energy technologies MORE (D-Mass.) and Mike LeeMichael (Mike) Shumway LeeMcConnell, allies lean into Twitter, media 'war' Conservatives buck Trump over worries of 'socialist' drug pricing Criminal justice reform should extend to student financial aid MORE (R-Utah), members of the Senate Commerce, Science and Transportation Committee, asked that DHS halt its use of facial recognition technology in airports in the sharply worded letter to DHS Secretary Kirstjen NielsenKirstjen Michele NielsenTop immigration aide experienced 'jolt of electricity to my soul' when Trump announced campaign Trump casts uncertainty over top intelligence role Juan Williams: Trump, his allies and the betrayal of America MORE "We are concerned that the use of the program on U.S. citizens remains facially unauthorized," the two wrote.
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