Amicus Curiae Brief on the Merits:

"Such a standardless exercise is not jurisprudential.

Instead, it transforms courts across the United States

into regulatory agencies, requires them to devise ad

hoc standards for each case, applies ex post facto rules

to impose liability, and then mandates enforcement

using the threat of contempt to motivate compliance.

Such a proceeding may be called a trial, but it is

not." (P.30)