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The ruling written by Justice Rosalie Abella stated, "a review of the more recent legislative history indicates a legislative intention to shift from an approach based on categorical exclusion, such as intellectual disability, to one calling for individualized assessments. 124) In Heartwood, the district court invalidated Categorical Exclusion 4 (CE 4), (125) which had authorized harvest of live trees up to 250,000 board feet or salvage harvest up to 1,000,000 board feet without preparing an EA or EIS. ``The constitutional violation in this case is the categorical exclusion of women from an extraordinary educational opportunity afforded men,'' declared Justice Ruth Bader Ginsburg, who as a civil rights lawyer a generation ago argued in the Supreme Court for equality for women. |
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