Category: Statutory interpretation
“We must give effect to the specific over the general”
April 18, 2021
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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 …
In statutory construction, be careful assuming the greater includes the lesser
July 8, 2021
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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 …
Katsas v. Randolph on jurisdictional order of operations
October 1, 2021
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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 …
Don’t lean too hard on jurisdictional truisms
September 6, 2021
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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 …