Category: Statutory interpretation

Statutory interpretation

“We must give effect to the specific over the general”

If you’re a litigator, you’ve probably invoked the specific-controls-the-general canon at one time or another.  Whether you’ve prevailed with that argument is another question; it …

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Statutory interpretation

In statutory construction, be careful assuming the greater includes the lesser

The FDA has the undisputed power to ban a medical device entirely; but if it approves the device, it may not ban certain uses.  That …

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Statutory interpretation

Katsas v. Randolph on jurisdictional order of operations

Not long ago, two D.C. Circuit decisions reminded us not to lean too hard on jurisdictional truisms (e.g., “jurisdiction can’t be waived”), which, though seemingly …

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Statutory interpretation

Don’t lean too hard on jurisdictional truisms

Two recent decisions of the D.C. Circuit provide reminders that even jurisdictional truisms are not absolute. Truism #1:  If Congress says something is jurisdictional, it’s …

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