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Indeed , Congress understood that while some FISA surveillance would merely " result in the incidental acquisition of information about crimes , " other FISA surveillance " [ b ] y contrast " would actively " seek [ ] information needed to detect or anticipate the commission of crimes . This Court has always held , therefore , that Congress may " seek [ ] assistance , within proper limits , from its coordinate Branches . Likewise , the incentives offered to support smokers through the transition to a completely smoke free workplace " go [ ] beyond those normally offered by Agencies or ordered by the Panel . We could not , for instance , " go [ ] into the record far enough to be confident " what had been identified as fruits were actually " the products of the unlawful practices which the defendants have inflicted on the industry , " as the Supreme Court could in identifying " at least some " of the defendant 's acquisitions as " the fruits of [ the ] monopolistic practices or restraints of trade " being remedied in United States v. Paramount Pictures , Inc ., 334 U.S. 131 , 152 ( 1948 ) . " However , in addition to considering these two factors , a court must " balance [ ] the equities in order to determine whether retroactive annulment is justified . 81-2008 , which makes it a Class III misdemeanor to " fail [ ] or refuse [ ] to obey any ... Green Bay Bishop David Zubik could not have been more exuberant in his praise for the bill , which he said would " bring [ ] justice to those harmed . The Court directed the Commission to " bring [ ] its expertise and its best judgment to bear " to consider the disclosure alternative that Commissioner Glassman and I raised.6 The Commission 's failure to do so violated the Administrative Procedure Act7 because , as the Court said , " the disclosure alternative was neither frivolous nor out of bounds .