More on Congressional Overrides of #SCOTUS Statutory Decisions

In 2012, I wrote a paper, End of the Dialogue: Political Polarization, the Supreme Court and Congress. Using Bill Eskridge’s methodology, I updated his pathbreaking 1991 study on congressional overrides. Professor Eskridge and his co-author, Matt Christiansen did a new study … Continue reading

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“After the Override: An Empirical Analysis of Shadow Precedent”

Brian Broughman and Deborah Widiss have posted this draft on SSRN.  Here is the abstract: Abstract: The ability of Congress to override judicial interpretations of statutory language is central to legislative supremacy. Both political science and legal scholarship assume, often … Continue reading

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#SCOTUS Decides One of Its Most Important Noscitur a Sociis/Ejusdem Generis Cases Ever

Today the Court divides 5-4 on whether “records and documents” are similar to “fish and crocodiles” in some meaningful way. It’s a party for statutory interpretation geeks. Really interesting to watch Justice Kagan write a super-snarky dissent (is the the second … Continue reading

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“Executive Discretion and the Rule of Law: A Positive Analysis of Presidential Signing Statements”

Dan Rodriguez, Edward Stiglitz, and Barry Weingast have posted this draft on SSRN.  Here is the abstract: Executive discretion over policy outcomes is an inevitable feature of our political system. However, our commitment to separation of powers constrains this discretion; … Continue reading

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“Elementary Statutory Interpretation: Rethinking Legislative Intent and History”

Victoria Nourse has posted this draft on SSRN (Boston College Law Review).  Here is the abstract: This article argues that theorists and practitioners of statutory interpretation should rethink two very basic concepts — legislative intent and legislative history. Textualists urge … Continue reading

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“Denying Deference: Civil Rights and Judicial Resistance to Administrative Constitutionalism”

Bertrall Ross has posted this draft on SSRN (University of Chicago Legal Forum).  Here is the abstract: What determines the level of deference the Supreme Court gives to agency interpretations of statutes? One explanation is that deference choices accord with … Continue reading

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