Category Archives: statutory interpretation
Quote of the Day
“So I would not have been lying, or even mistaken, had I said in my book review that in Heller Scalia ‘actually resorts’ to ‘legislative history’ in its narrowest sense (‘drafting history’). But I did not say that.”
—The … Continue reading
Garner Responds to Judge Posner on Posner’s Critique of Justice Scalia/Garner Book
“End of the Dialogue? Political Polarization, the Supreme Court, and Congress”
I have just posted a revised and updated version of this article (forthcoming Southern California Law Review) on SSRN. (The article was recently the subject of this Adam Liptak “Sidebar” column in the NY Times.) Here is the revised abstract:… Continue reading
Whelan Critique of Posner on Scalia on Textualism
Judge Posner Tour De Force Takes Down Justice Scalia’s Textualism
If you read one response to Justice Scalia’s new book (with Bryan Garner), read this devastating review in The New Republic.
Aside from the merits of the review, it seems to escalate an increasing public tension between Judge Posner and… Continue reading
Slate Book Review Tackles Scalia and Garner’s “Reading Law”
Scott Korb reviews for Slate.
Complex, Fractured Michigan Supreme Court Decision Includes Fight Over Font Size and Substantial Compliance
You can read the opinion here in all of its technical glory (including pictures).
More on what the opinion means for Michigan here.
On the surface, this is a fight about the meaning of 14-point font. But the concurring… Continue reading
What’s the Point?
Michigan State Supreme Court wants to delve into the meaning of “point” and “typeface” in deciding whether to kick referendum off ballot for using slightly smaller typeface in heading than prescribed 14 point type.
Looks like a good case to… Continue reading
Was Chief Justice Roberts Most Unprincipled in Applying the Doctrine of Constitutional Avoidance in the Health Care Case, in NAMUDNO (the Voting Rights Act Case) or in Citizens United?
In my initial post on the health care decision, I stated “Once again, the Chief has manipulated the doctrine of constitutional avoidance to do what he wanted to do in a high profile, important case.”
I hadn’t had a chance… Continue reading
“The ‘CBO Canon’ and the Debate Over Tax Credits on Federally Operated Health Insurance Exchanges”
The following is a guest post from Abbe Gluck [cross-posted from Balkinization]:
Abbe Gluck
The latest fracas over health reform—the challenge to subsidies for the federal exchanges—offers a long-overdue opportunity to think about how particular features of modern lawmaking… Continue reading
Federal Court Declines to Enjoin Disavowed Florida Purge Under NVRA
In a decision released this morning, a federal court declined to issue a temporary restraining order in the DOJ’s NVRA challenge to Florida’s purported purge of noncitizens.
Part of the reason was that the Florida Secretary of State Detzner apparently… Continue reading
Important Bob Barnes Piece on Using Legislative History at Supreme Court
Here, at WaPo.
Major Computer Crime Case Turns on Meaning of “So”
U.S. v. Nosal, en banc Ninth Circuit Kozinski opinion:
In its reply brief and at oral argument, the government focuses on the word “so” in the same phrase. See 18 U.S.C. § 1030(e)(6) (“accesser is not entitled so to… Continue reading