#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 most sarcastic Justice in waiting?—and against Justice Ginsburg no less!), for herself and Justices Kennedy, Scalia and Thomas. She even gets in her legislative history without committing to it for those like Scalia who reject its use: “And legislative history, for those who care about it, puts extra icing on a cake already frosted.”

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