Shorter Abbe Gluck: DC Circuit Halbig Majority Gives Textualism a Bad Name
Here, at Politico.
Category Archives: statutory interpretation
“Bad Readers: The judges who ruled against Obamacare are following Scalia down a terrible path of interpretation.”
I have written this new Jurisprudence essay for Slate. It begins:
Unless you are a lawyer or a glutton for punishment, you probably want to avoid reading the new D.C. Circuit and 4th Circuit opinions reaching conflicting results on the… Continue reading
Straight Out of a Legislation Exam: Is a Bicycle a “Vehicle” in Intoxicated Bicyclist Collision?
Velasquez v. Superior Court:
While riding his bicycle, Jorge Velasquez, Jr. collided with a pedestrian, seriously injuring her. He was charged with recklessly driving a “vehicle” under Vehicle Code section 23103.1 One section of the code, however, defines “vehicle” in… Continue reading
Justice Scalia Dissent in Aereo Case Says It is Lawyers’ Jobs to Exploit Statutory Loopholes, and Congress’s Job, Not the Court’s Job, To Fix Them
He writes:
It is not the role of this Court to identify and plug loopholes. It is the role of good lawyers to identify and exploit them, and the role of Congress to eliminate them if it wishes. Congress… Continue reading
“Identifying Congressional Overrides Should Not Be this Hard”
Very important Deborah Widiss piece (Texas Law Review See Also) on statutory overrides of the Supreme Court. Here is the abstract:
This paper is an invited response to Professor William N. Eskridge, Jr., and Mr. Matthew R. Christiansen’s recently-released study… Continue reading
“Scalia’s Word Games”
Jeff Shesol at The New Yorker.
“John Roberts’ Constitutional Avoidance” and Anti-Avoidance
Damon Root writes on the Chief Justice’s decision in Bond. v. US, analogizing it to the Chief’s decision in the health care case.
As I noted the other day, Richard Re saw the avoidance parallels to NAMUDNO.
The important point… Continue reading
“Academic highlight: Congressional overrides of Supreme Court decisions”
Amanda Frost writes at SCOTUSBlog about Christiansen and Eskridge, Congressional Overrides of Supreme Court Statutory Interpretation Decisions, 1967–2011 (Texas Law Review). My earlier coverage is here; and I will be writing a response with Jim Buatti for the Texas… Continue reading
“Intertemporal Statutory Interpretation and the Evolution of Legislative Drafting”
Jarrod Shobe has posted this draft on SSRN (Columbia Law Review). Here is the abstract:
All theories of statutory interpretation rely on an idea of how Congress operates. A commonly held supposition among scholars is that the procedures used in… Continue reading
Judge Posner Ups the Nastiness in Dispute with Scalia-Garner
Whoa:
“Please convey my congratulations to Bryan Garner on inventing a new form of arbitration,” Posner wrote in an email Saturday to Legal Times. “Two parties have a dispute; one appoints an arbitrator to resolve the dispute; the other… Continue reading
From the Huh? Department
Justice Scalia co-author hires lawyer to determine whether Judge Posner critiques of their book on statutory interpretation have merit.
As Predicted, Congressional Override of SCOTUS on Child Pornography Proceeds Full Speed Ahead
Back in April I explained why conditions were right, despite great political polarization, for Congress to override the Supreme Court’s statutory decision in Paroline v. US on the right of child pornography victims to obtain restitution.
And very quickly now… Continue reading
A Fish is Known by the Company It Keeps: Fishy Noscitur a Sociis SCOTUS Case
Eugene Volokh on a case sure to delight statutory interpretation nerds.
“The Court and Congress: The Child Pornography Case”
Rick Pildes on Paroline and congressional overrides:
Initially, the question is whether the Court should try to put Humpty Dumpty back together again: should the Court construct a version of the law that creates a rough approximation of what Congress… Continue reading