But Justice Department officials argued that the court had misinterpreted a statute used to allow the government to go forward in cases involving national security secrets.
The police unions, however, contend the court misinterpreted the law.
According to Scalia, many lower courts often misinterpret the Establishment Clause, extending its proscription of religiosity in the public sphere.
"We believe the court has misinterpreted the A.D.A. to apply to vessels," said Gary E. Davidson, a lawyer for Premier in Miami.
He said the cigarette labeling laws enacted since 1965 have been "effectively used" as a shield of immunity from liability because the courts have misinterpreted the law.
If the court had misinterpreted the government's position, Frankfurter concluded, then the case should be remanded for further proceedings rather than adjudicated.
The five-member appeals panel said the lower court had misinterpreted the law, made factual errors, obtained insufficient evidence and meted out unfair punishment.
The Senate committee cited this as one of many issues on which the court had misinterpreted the law and the intent of Congress.
Civil rights groups and their allies said the court was misinterpreting the law, making it far too difficult to prove violations.
Vivendi maintains that the court in Warsaw misinterpreted the arbitration award and was wrong to enforce only part of it.