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Bench Memos

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Re: A Victory for Statutory Meaning



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On today’s ruling in Chamber of Commerce v. Whiting: I’ll highlight the Chief Justice’s footnote 6, which briefly responds to the conflicting positions taken in dissent by Justice Breyer (joined by Justice Ginsburg) and Justice Sotomayor, and then observes:

It should not be surprising that the two dissents have sharply different views on how to read the statute. That is the sort of thing that can happen when statutory analysis is so untethered from the text.

Touché.



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