Tag Archives: statutory interpretation

What 2016 Gorsuch Opinions Could Mean for 2017 Re-Argument in Sessions v. Dimaya

by Michael Kagan — Monday, July 3, 2017@MichaelGKagan

At the end of its term, a shorthanded and evidently evenly divided Supreme Court scheduled two immigration cases for re-argument next term when nine justices can hear the cases. Of the two, Sessions v. Dimaya stands out because the ninth and newest justice has very recently issued opinions that seem to bear directly on key […]

Repealing Economic Substance Codification and Replacing It With What?

by Daniel Hemel — Monday, Feb. 20, 2017

The Republican effort to repeal the Affordable Care Act appears to be stalling. If and when it picks up again, the fate of section 7701(o) of the Internal Revenue Code will be far from the most consequential issue at stake. But section 7701(o), the provision added by the ACA that codifies the tax law economic […]

If There’s No Such Thing as Medical Marijuana, How Do We Have Medical Marijuana?

by Sam Halabi — Friday, Aug. 12, 2016

This week, the Drug Enforcement Agency (DEA) responded to petitions requesting a redesignation of marijuana for the benefit of scientific research. The DEA refused, citing, somewhat tautologically, the fact that there are no scientifically valid and well-controlled clinical trials demonstrating benefits for certain modalities of marijuana for specific medical indications.  DEA affirmed marijuana’s continued status […]

What King v. Burwell Means for Statutory Interpretation

by Chris Walker — Thursday, June 25, 2015@chris_j_walker

This morning I blogged about what the 6-3 decision in King v. Burwell means for administrative law (post here). Part of my conclusion there is that the Court’s decision in King chips away at the bright-line rule-based approach to Chevron deference—an approach Justice Scalia has championed—by reinvigorating the major questions doctrine. King, however, constitutes a major […]

Perez v. Mortgage Bankers Association: The Future of Auer Deference

by Chris Walker — Monday, Mar. 23, 2015@chris_j_walker

Last week my co-blogger Jeff Pojanowski and I participated in a Federalist Society teleforum (moderated by Adam White) on the Supreme Court’s recent decision in Perez v. Mortgage Bankers Association. In Mortgage Bankers, the Court held in a unanimous decision that a federal agency is not required to use notice-and-comment rulemaking to revise a prior interpretation […]

Title II Reclassification: A Reply to Gus Hurwitz

by Daniel Deacon — Monday, Feb. 16, 2015

It’s nice to have a level-headed debate on the legal arguments at play in the FCC’s upcoming reclassification of broadband ISPs, an issue that often generates more heat than light. And for what it’s worth, I think Gus Hurwitz and I agree on a lot. In particular, I agree with him that a skeptical court […]

The Green Bag’s Micro-Symposium on Scalia and Garner’s Reading Law, Part II

by Chris Walker — Monday, Dec. 15, 2014@chris_j_walker

As I mentioned last week, the Green Bag just published a micro-symposium on Justice Antonin Scalia and Professor Bryan Garner‘s treatise Reading Law: The Interpretation of Legal Texts. I blogged about the first half of the symposium last week here. And I blogged about Reading Law‘s usefulness in the classroom and in administrative law practice here — […]

Scalia & Garner’s Reading Law in the Classroom and in the Real World (AdLaw Bridge Series)

by Chris Walker — Thursday, Dec. 11, 2014@chris_j_walker

Yesterday I blogged about the first half of the Green Bag‘s micro-symposium on Scalia and Garner’s treatise Reading Law: The Interpretation of Legal Texts. That post is here, and the micro-symposium can be downloaded here. My terrific research assistant Andrew Mikac and I contributed a 1,000-word essay to the symposium, focusing on the usefulness of […]

The Green Bag’s Micro-Symposium on Scalia and Garner’s Reading Law

by Chris Walker — Wednesday, Dec. 10, 2014@chris_j_walker

Earlier this year the Green Bag — one of my favorite law journals — did a call for papers on Justice Antonin Scalia and Professor Bryan Garner’s treatise Reading Law: The Interpretation of Legal Texts. Scalia and Garner’s Reading Law has been the subject of much praise and criticism since it was published in 2012, with the headline […]

Great Questions and Coverage of My Inside Agency Interpretation Empirical Study

by Chris Walker — Saturday, Oct. 25, 2014@chris_j_walker

As I mentioned in a prior post, I plan on blogging more about the results of my empirical study inside agency statutory interpretation, which is forthcoming in the Stanford Law Review and an updated draft of which is available on SSRN here. In the interim, Reeve Bull has done an excellent post and overview of the […]