"This Court has always deferred to the special competency of families to know what values are important to family members."

The main problem with the decision is that sometimes there is simply no state law or practice on which a federal court may defer.

In their opinion, the judges said courts had and should defer to the military on making policy because of national security concerns.

The court has also deferred deciding whether to add some major new cases to its docket.

Both federal and state courts have developed rules determining when one court will defer to another's jurisdiction over a particular case.

"It gives the government a strong incentive to create a fair system so they can ask the courts to defer to this process," he said.

The Court of Appeal deferred the possession order for three months.

The court may defer any announcement until Monday, when it issues its regular weekly orders.

Modesty suggests where, and how, courts should defer to the legislature in doing so.

Government lawyers argue that in wartime, courts must defer to the president's judgment.