Topic: the decision to consider an issue not raised below is discr… · Go Syfert
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Topic #10281

7 canonical passages across 5 cases, quoted by 36 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from W. Michael Kimes J. Colette Boykin v. Peter G. Stone, Judge, Superior Court Robert L. Mezzetti, II Henry Mariani Robert MacHado.

#Case FlagCanonical passage Citers
1 W. Michael Kimes J. Colette Boykin v. Peter G. Stone, Judge, Superior Court Robert L. Mezzetti, II Henry Mariani Robert MacHado Anchor
ca9 · 1996
green “the decision to consider an issue not raised below is discretionary, and such an issue should not be decided if it would prejudice the other party.” 9
2 Santa Fe Independent School District v. Doe
scotus · 2000
green “lemon has had a checkered career in the decisional law of this court.” 6
3 Mitchell v. Helms
scotus · 2000
green “actual diversion of government aid to religious indoctrination” 5
4 Mitchell v. Helms
scotus · 2000
green “cases have permitted some government funding of secular functions performed by sectarian organizations,” 4
5 Mitchell v. Helms
scotus · 2000
green “near-absolute position with respect to neutrality.” 4
6 Joseph M. Destefano v. Emergency Housing Group, Inc.
ca2 · 2001
green “in the wake of a number of fragmented decisions over the past decade, the governing establishment clause law remains in doubt.” 4
7 National Wildlife Federation v. National Marine Fisheries Service
ca9 · 2005
green “a district court's order with respect to preliminary injunctive relief is subject to limited appellate review, and we will reverse only if the district court abused its discretion or based its decision on an erroneous legal standard or on clearly erroneous findings of fact.” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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