that could also be viewed as scotus supporting gov't overreach by allowing the gov't to exceed what should be common sense limits on gov't activities (i.e., like using gov't property AND private data for personal use) ... but since the policy didn't specifically preclude unauthorized personal use, its ok? ... hmmm, does HERA specifically exclude stealing from private companies? ... nope .... does HERA specifically make conservation of assets optional ... yep (the infamous "may") ... did scotus just lay the groundwork to reject the en banc decision and accept the nws? ...
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