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wvuh
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scalia
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kennedy
souter
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filed
dissenting
opinion
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stevens
filed
dissenting
opinion
marshall
blackmun
joined
post
robert
adams
argued
cause
petitioner
briefs
jack
stover
calvin
koons
senior
deputy
attorney
general
pennsylvania
argued
cause
respondents
brief
ernest
preate
attorney
general
jerome
foerster
deputy
attorney
general
john
knorr
iii
chief
deputy
attorney
general
david
tatel
norman
redlich
robert
mcduff
steven
shapiro
harvey
grossman
sidney
rosdeitcher
antonia
hernandez
richard
larson
filed
brief
lawyers
committee
civil
rights
law
et
al
amici
curiae
urging
reversal
robert
williams
douglas
mcdowell
garen
dodge
filed
brief
equal
employment
advisory
council
amicus
curiae
urging
affirmance
justice
scalia
delivered
opinion
case
presents
question
whether
fees
services
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rights
litigation
may
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party
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permits
award
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attorney
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petitioner
west
virginia
university
hospitals
wvuh
operates
hospital
morgantown
near
pennsylvania
border
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medicaid
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living
southwestern
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january
pennsylvania
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public
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md
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title
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civil
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title
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civil
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process
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see
also
quoted
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ante
app
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pet
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awarding
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subcommittee
courts
civil
liberties
administration
justice
house
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senate
hearings
pts
pp
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brief
petitioner
examples
cases
eschewed
literal
approach
include
steelworkers
weber
johnson
transportation
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santa
clara
county
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dissenters
better
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urged
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steelworkers
weber
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literal
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held
statute
must
read
background
legislative
history
title
vii
historical
context
act
arose
johnson
transportation
agency
legality
employer
affirmative
action
plan
assessed
according
criteria
announced
weber
neither
decision
prompted
adverse
congressional
response
although
argued
congressional
inaction
seen
endorsement
interpretations
see
johnson
transportation
agency
scalia
dissenting
patterson
mclean
credit
union
charge
answered
observation
congress
displeased
interpretation
hesitated
amend
statute
tell
us
surely
appropriate
find
probative
value
radically
different
congressional
reactions
interpretations
johnson
transportation
agency
see
patterson
mclean
credit
union
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concurring
judgment
part
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congressional
intent
plausible
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congress
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fees
jenkins
thought
misapprehended
purpose
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change
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provision
majority
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pregnancy
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act
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overturning
general
electric
gilbert
immigration
reform
control
act
sec
stat
alien
shall
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grove
city
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civil
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restoration
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clear
expressing
need
subsequent
legislation
congress
finds
certain
aspects
recent
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opinions
unduly
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cast
doubt
upon
broad
application
title
ix
education
amendments
legislative
action
necessary
restore
prior
consistent
longstanding
executive
branch
interpretation
broad
application
laws
previously
administered
note
see
civil
rights
act
congress
blunt
purposes
purposes
act
respond
recent
decisions
restoring
civil
rights
protections
dramatically
limited
decisions
strengthen
existing
protections
remedies
available
federal
civil
rights
laws
provide
effective
deterrence
adequate
compensation
victims
discrimination
ibid
see
stat
term
scheme
artifice
defraud
includes
scheme
artifice
deprive
another
intangible
right
honest
services
smith
robinson
brennan
dissenting
seventy
years
ago
justice
cardozo
warned
dangers
literal
reading
whether
precedents
statutes
judges
notion
duty
match
colors
case
hand
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interest
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index
cases
also
wisest
judge
colors
match
references
index
fail
decisive
precedent
serious
business
judge
begins
cardozo
nature
judicial
process