Example State Farm The court said that the agency hadn’t carefully considered – – the evidence in the record because it did not explain why airbags should not have been selected. The record did not support the decision. Substantial Evidence The decision must be supported by substantial evidence in the record – when the decision is from formal adjudication. Arbitrary and Capricious The agency must have examined the relevant data and articulated – a satisfactory explanation for its actions, including a rational connection between the facts and the choices made. Persuading the Court What theory of interpretation does the judge follow? – Intentionalism The court looks to find Congress’s meaning/intent. – Would use all textual tools, all substantive tools, legislative history, and purpose. Purposivism The court looks to the purpose and aims. – Would use all textual tools, all substantive tools, legislative history, and purpose. Process Purposivism What would a reasonable legislature have sought to accomplish – under the circumstances? What would a reasonable legislature do? Would use all textual tools, all substantive tools, legislative history, and purpose. Imaginative Reconstruction The court should stand in the shoes of Congress and ask how it – would have resolved the issue had they foreseen it (WWCD?). Would use legislative history and purpose. Textualism Look just at the text (Scalia). – Would just use the text. Dynamic Interpretation Courts apply their understanding and values. – Anything. Canons of Interpretation Textual Linguistic Ejusdem Generis General terms are construed in relation to the specific – terms proceeding them (dogs, cats, and other pets does not include – cows). Noscitur a Sociis A word is known by the company it keeps. A word is – interpreted consistently with the surrounding terms (loss, miscarriage, or negligent transmission all refer to delivery). – Expressio Unis Est Exclusio Alterius Stating one thing precludes the – others. It applies to lists. When a statute says to do something one way, it precludes all other ways. Exceptions If Congress says the list isn’t exhaustive (10th Amendment). If the application precludes state action, it will probably not apply (preemption). Punctuation never sufficient, but adds to the weight of the conclusion. – Parentheticals get less weight.
Example – State Farm – The court said that the agency hadn’t carefully considered the evidence in the record because it did not explain why airbags should not have been selected. The record did not support the decision. Substantial Evidence – The decision must be supported by substantial evidence in the record when the decision is from formal adjudication. Arbitrary and Capricious – The agency must have examined the relevant data and articulated a satisfactory explanation for its actions, including a rational connection between the facts and the choices made. Persuading the Court – What theory of interpretation does the judge follow? Intentionalism – The court looks to find Congress’s meaning/intent. Would use all textual tools, all substantive tools, legislative history, and purpose. Purposivism – The court looks to the purpose and aims. Would use all textual tools, all substantive tools, legislative history, and purpose. Process Purposivism – What would a reasonable legislature have sought to accomplish under the circumstances? What would a reasonable legislature do? Would use all textual tools, all substantive tools, legislative history, and purpose. Imaginative Reconstruction – The court should stand in the shoes of Congress and ask how it would have resolved the issue had they foreseen it (WWCD?). Would use legislative history and purpose. Textualism – Look just at the text (Scalia). Would just use the text. Dynamic Interpretation – Courts apply their understanding and values. Anything. Canons of Interpretation Textual Linguistic Ejusdem Generis – General terms are construed in relation to the specific terms proceeding them (dogs, cats, and other pets – does not include cows). Noscitur a Sociis – A word is known by the company it keeps. A word is interpreted consistently with the surrounding terms (loss, miscarriage, or negligent transmission – all refer to delivery). Expressio Unis Est Exclusio Alterius – Stating one thing precludes the others. It applies to lists. When a statute says to do something one way, it precludes all other ways. Exceptions If Congress says the list isn’t exhaustive (10th Amendment). If the application precludes state action, it will probably not apply (preemption). Punctuation – never sufficient, but adds to the weight of the conclusion. Parentheticals get less weight.
bushstatchecklist.docx