Constitutional Law Reporter

JULY 30, 2024

However, if the court determines that “the statute is silent or ambiguous with respect to the specific issue” at hand, the court must defer to the agency’s interpretation if it “is based on a permissible construction of the statute.”

Stare Decisis 52

Stare Decisis Court Statute Construction 52

Constitutional Law Reporter

MAY 14, 2024

According to the Court, this requirement “undermines any attempt to give the provision a sweeping, open-ended construction,” instead limiting §1 to its appropriately “narrow” scope. The post SCOTUS Clarifies Reach of FAA Exemption for Transportation Workers appeared first on Constitutional Law Reporter.

Contract 52

Contract Court Construction Constitutional Law 52

Constitutional Law Reporter

MAY 7, 2024

The content of Subparagraphs A, B, and C, especially as read against the Guidelines, thus answers the statutory puzzle here—reducing two grammatical possibilities to just one plausible construction.” The post Supreme Court Clarifies “Safety Valve” in Federal Criminal Sentencing Laws appeared first on Constitutional Law Reporter.

Court 52

Court Laws Construction Constitutional Law 52

Constitutional Law Reporter

APRIL 4, 2023

The government’s interpretation defies this traditional rule of statutory construction. The post Supreme Court Holds FBAR Penalties Are Calculated Per Report appeared first on Constitutional Law Reporter. … [W]hen Congress wished to tie sanctions to account-level information [in Sec.

Court 59

Court Statute Government Calendaring 59

Constitutional Law Reporter

SEPTEMBER 8, 2023

Justice Jackson argued that the majority abandoned traditional tools of statutory construction to reach its result. “It The post Supreme Court Upholds Ban on Encouraging Illegal Immigration appeared first on Constitutional Law Reporter.

Immigration 52

Immigration Court Statute Construction 52

Constitutional Law Reporter

AUGUST 9, 2023

The Court further advised that courts must apply the test to take into account all relevant factors in the case at hand, including the particular accommodations at issue and their practical impact in light of the nature, size, and operating cost of an employer.

Construction 52

Construction Court Constitutional Law Court Decisions 52

JonathanTurley

MAY 25, 2021

In a 2-1 panel decision, the court also found that the was overly broad. In so ruling, the appellate court reversed a January 2019 district court decision. Section 50-5-85.”

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Court Rules Contract Laws Court 50