Court : US Supreme Court
..... reading is correct, congress has unconstitutionally suspended the writ of habeas corpus. we find it unnecessary to reach either of these arguments. ordinary principles of statutory construction suffice to rebut the government s theory at least insofar as this case, which was pending at the time the dta was enacted, is concerned. the ..... court of jurisdiction, see post , at 12, n. 4 (dissenting opinion) (quoting 151 cong. rec. s12796 (nov. 15, 2005) (statement of sen. specter)) a construction that the government has expressly disavowed in this litigation, see n. 11, infra . the inapposite november 14, 2005, statement of senator graham, which justice scalia cites as evidence ..... which the canon of constitutional avoidance should affect subsequent interpretation of the dta. see, e.g. , st. cyr, 533 u. s., at 300 (a construction of a statute that would entirely preclude review of a pure question of law by any court would give rise to substantial constitutional questions ). footnote 16 councilman .....
Tag this Judgment!Court : US Supreme Court
..... on questions of statutory interpretation and application. see blakely v. washington, 542 u. s. 296, 326 (2004) (kennedy, j., dissenting) ( constant, constructive discourse between our courts and our legislatures is an integral and admirable part of the constitutional design ); mistretta v. united states, 488 u. s. 361, ..... holding that the statute unambiguously forecloses the agency s interpretation, and therefore contains no gap for the agency to fill, displaces a conflicting agency construction ). this general rule recognizes that filling gaps left by ambigu-ities in a statute involves difficult policy choices that agencies are better equipped to ..... legal system presumes there will be continuing dialogue among the three branches of government on questions of statutory interpretation and application, and that the constructive discourse, convers[ations], and instructive exchanges would be foreclosed by an insistence on adhering to earlier interpretations of a statute even in light of .....
Tag this Judgment!Court : US Supreme Court
..... to do so. cherry v. mathews, 419 f.supp. 922 (1976). the ensuing regulations currently are embodied in 45 cfr pt. 84 (1978). [ footnote 5 ] in addition to challenging the construction of 504 by the court of appeals, southeastern also contends that respondent cannot seek judicial relief for violations of that statute, in view of the absence of any express private ..... previously noted, this is the first case in which this court has been called upon to interpret 504. it is elementary that "[t]he starting point in every case involving construction of a statute is the language itself." blue chip stamps v. manor drug stores, 421 u. s. 723 , 421 u. s. 756 (1975) (powell, j., concurring); see greyhound corp. v .....
Tag this Judgment!Court : US Supreme Court
..... the statute in year 3 did not violate the compensation clause. year 4 before reaching the constitutional issues implicated in year 4, we must resolve a problem of statutory construction. on its face, the statute in year 4 applies in terms to "executive employees, which includes members of congress." see supra at 449 u. s. 208 ..... . . . the so called cap'" on salaries for the next fiscal year. s.rep. no. 91024, p. 50 (1978). floor debate once again expressed agreement with this construction. [ footnote 27 ] the house report on the statute for year 4 characterized it as "reduc[ing] federal executive pay increases from the mandatory entitlement of 12.9 per centum ..... eliminate the expected october 1977 comparability adjustment." see h.r.rep. no. 95-458, pp. 1, 3 (1977). the floor remarks of senators and representatives confirm that this construction was generally understood. [ footnote 24 ] page 449 u. s. 223 the statutes in years 1, 3, and 4, although phrased in terms of limiting funds, see .....
Tag this Judgment!Court : US Supreme Court
..... other specific direction to provide for variances in connection with permits for individual point sources, we believe that the administrator has adopted a reasonable construction of the statutory mandate. in rejecting epa's interpretation of the bpt variance provision, the court of appeals relied on a mistaken conception of ..... et seq., promulgated pollution discharge limitations for the coal mining industry and for that portion of the mineral mining and processing industry comprising the crushed stone, construction sand, and gravel categories. [ footnote 1 ] although the act does not expressly authorize or require variances from the 1977 limitation, each set of regulations ..... other specific direction in the statute to provide for bpt variances in connection with permits for individual point sources, the administrator adopted a reasonable construction of the statutory mandate, and the court of appeals erred in concluding that, since bat limitations are to be more stringent than bpt limitations .....
Tag this Judgment!Court : US Supreme Court
..... 299 (1978). [ footnote 75 ] even had justice rehnquist correctly characterized the court's opinion, post at 452 u. s. 544 -- and there were three possible constructions of the phrase "to the extent feasible" -- this would hardly have been grounds for invalidating 6(b)(5) under the delegation doctrine. after all, this would ..... 1188. the conference report limited the variance procedure to the following cases: "unavailability of professional or technical personnel or of necessary materials or equipment or because necessary construction or alteration of facilities cannot be completed on time. . . . such an order may be issued for a maximum period of one year, and may not ..... markets, id. at 961; see id. at 95961. in order to measure the ability of different sized textile companies to finance compliance costs, rti constructed a ratio of capital requirements to profit after taxes. rti found that two of the six yarn production operations would have financing difficulties, but that such difficulties .....
Tag this Judgment!Court : US Supreme Court
..... regulations require the tribal organization to maintain records for the secretary's inspection. 25 cfr 274.41 (1981). this detailed regulatory scheme governing the construction of autonomous indian educational facilities is at least as comprehensive as the federal scheme found to be preemptive in white mountain. [ footnote 5 ..... 2 ] the contract specified that the board was the design and building contractor for the project, but that the board could subcontract the actual construction work to third parties. the contract further provided that any subcontracting agreement would have to include certain clauses governing pricing, wages, bonding, and ..... assistance act) reflect the federal policy of encouraging the development of indian-controlled institutions on the reservation, and, under detailed regulations governing school construction, the bureau of indian affairs has wide-ranging authority to monitor and review subcontracting agreements between the indian organization, which is viewed as the .....
Tag this Judgment!Court : US Supreme Court
..... definition of 'consumer' to wash.rev.code 82.04.190:" " 'consumer' means the following: . . ." " (6) any person engaged in the business of constructing, repairing, decorating, or improving new or existing buildings or other structures under, upon or above real property of or for the united states, any instrumentality thereof, or a ..... were treated as consumers for sales tax purposes. all sales of tangible personal property, such as construction materials, to contractors were subject to the sales tax. the legal incidence of this tax was on the contractor; the tax was collected by suppliers who ..... footnote 1 ] page 460 u. s. 538 in this case, the united states contends that one aspect of that tax statute -- its application to building construction -- is invalid under the supremacy clause of the united states constitution. the statutory provisions are most easily understood in light of their history. before 1941, building contractors .....
Tag this Judgment!Court : US Supreme Court
..... to avoid constitutional questions, so long as our interpretation remains consistent with congress' objectives. but, in my view, justice white's limiting construction of the statutory scheme at issue here neither remains faithful to congressional intent nor rids the legislation of constitutional difficulties. the statutory scheme left ..... . 649 -650. necessarily, therefore, justice white believes that the "publications" requirement can "stand alone" without the "purposes" requirement. because of his construction of the "purposes" language, justice stevens does not reach the question whether the rest of the statute can remain in force without that requirement, consistent with ..... administratively convenient to identify. contrary to the premise of justice white's severability discussion, the language, legislative history, purpose, and administrative construction of 504 from its beginnings in the 1920's to amendments in 1969 demonstrate unequivocally that the whole point of this exemption from the .....
Tag this Judgment!Court : US Supreme Court
..... some extent as well. we need not construe the statute for ourselves, compare post at 467 u. s. 984 , and n. 5; the state court has authoritatively done so. that construction greatly aids an informed analysis of the merits of the first amendment overbreadth question. the state court's judgment that the illegitimate sweep of the state statute is substantial in .....
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