"The operatic hero Orfeo was allowed to escape Hades with his deceased and beloved Eurydice, conditioned on his not looking at her, but when he does, she dies; Mephistopheles grants Faust eternal knowledge and pleasure on the condition that Faust surrender his soul; and Salome, the title character demands the head of St. John the Baptist as a condition to dance for King Herod," the judge wrote. "However, in real life, the courts, in interpreting the Constitution, and Congress in enacting laws, as detailed at some length in this memorandum, have interposed restrictions on the Executive's ability to impose conditions on the transfer of benefits to local governments."