Friday, June 26, 2015

ARE YOU KIDDING ME RANT #3

      In King vs. Burwell, the suit challenging the Affordable Care Act and its system of subsidies, Justice Scalia, in dissent, insisted that the text of the law be read literally. He asked, “Do words no longer have meaning?” It does not matter how isolated the words. Five unguarded words in a document that runs to hundreds of pages are enough to sink the act.

      A principled stand?

      One year ago, in another case, Scalia quoted former Justice Sandra Day O’Connor: We “must do our best, bearing in mind the fundamental canon of statutory construction that the words of a statute must be read in their context and with their place in the overall statutory scheme.”

       Later, in the same opinion, he wrote that “a provision that may seem ambiguous in isolation is often clarified by the remainder of the statutory scheme” because “only one of the permissible meanings produces a substantive effect that is compatible with the rest of the law.”

      Are you kidding me?

2 comments:

  1. He is a continual source of amazement to me. What did we do to deserve HIM?

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  2. We elected Ronald Reagan, who was smart enough (or his handlers were smart enough) to nominate the first Italian-American Supreme Court Justice.

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