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A party asking to overturn an earlier ruling must "not just show it's wrong, but that it's grievously wrong, egregiously wrong," Kavanaugh said.

Supreme Court seems likely to keep double jeopardy exception →

"In this case, however, the department departed from tradition and stormed headlong into a new regulatory arena," Kavanaugh said. "The department issued a citation to SeaWorld that effectively bans SeaWorld from continuing a longstanding and popular - albeit by definition somewhat dangerous - show in which SeaWorld trainers play with and interact with whales."

SeaWorld loses appeal in death by killer whale →

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