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abortion procedure achieve Amendment apply argument Article 21 assignment AUMF authority basis of race Brown Casey claim Clause Common Article compelling interest conflict Congress congressional constitutional signing statements constitutionally context courts-martial crimes decision desegregation Detainee Treatment Act determination discrimination dissent District Courts doctor educational Eisentrager evidence executive federal courts fetus FISA Geneva Conventions governmental Grutter habeas Hamdan health exception individual intact issue Jefferson County judgment jure segregation jurisdiction Justice Breyer Justice Kennedy legislation limited Louisville military commissions offense opinion partial-birth abortion percent plans plurality plurality's policies practice pregnancy President President's prohibited Qaeda race-based race-conscious criteria racial balancing racial classifications racial diversity racial imbalance racial integration regulations relevant remedy requires rules school boards school districts Solomon Amendment statute Stenberg strict scrutiny surveillance Suspension Clause Swann T]he tion trial UCMJ unconstitutional United unlawful combatants unlawful enemy combatant violate women