Court : US Supreme Court
..... district court refused to construe the statute to bar relief to any person who assisted the enemy, whether voluntarily or not, however, because such a construction would have excluded the jewish prisoners who assisted the ss in the operation of the concentration camp. 455 f.supp. at 913. these prisoners performed such ..... (a) with 2(b), which excludes only those individuals who " voluntarily assisted the enemy forces . . . in their operations. . . ." under traditional principles of statutory construction, the deliberate omission of the word "voluntary" from 2(a) compels the conclusion that the statute made all those who assisted in the persecution of civilians ineligible for visas. ..... we are unable to find any basis for an "involuntary assistance" exception in the language of 2(a), we conclude that the district court's construction of the act was incorrect. the plain language of the act mandates precisely the literal interpretation that the district court rejected: an individual's service as .....
Tag this Judgment!Court : US Supreme Court
..... damages actions permitted by goodman. [ footnote 2/13 ] rather, the court flatly contravenes settled rules for the identification of congressional intent. "[i]t is an elemental canon of statutory construction that, where a statute expressly provides a particular remedy or remedies, a court must be chary of reading others into it." tama, 444 u.s. at 444 u. s. ..... s. 361 , 340 u. s. 366 (1951); national lead co. v. united states, 252 u. s. 140 , 252 u. s. 147 (1920); 2a c. sands, sutherland on statutory construction 49.09 and cases cited (4th ed.1973). so too, where, as here, congress adopts a new law incorporating sections of a prior law, congress normally can be presumed to ..... a private cause of action in the statute. in the legal context in which congress acted, this was unnecessary. page 456 u. s. 388 in view of our construction of the intent of the legislature, there is no need for us to "trudge through all four of the factors when the dispositive question of legislative intent has been .....
Tag this Judgment!Court : US Supreme Court
..... , appellants relied heavily on bradfield v. roberts, 175 u. s. 291 (1899), a case in which the court upheld the appropriation of money for the construction of two buildings to be part of a religiously affiliated hospital. unlike the afla, however, which seeks "to promote self-discipline and other prudent approaches to the ..... as distinguished from religious, activities." tilton v. richardson, 403 u.s. at 403 u. s. 688 . afla grants, of course, are not simply one-time construction grants. as the majority readily acknowledges, the secretary will have to "review the programs set up and run by the afla grantees[, including] a review of, for example ..... restriction is constitutionally required." ante at 487 u. s. 614 . in tilton v. richardson, this court upheld a statute providing grants and loans to colleges for the construction of academic facilities because it "expressly prohibit[ed] their use for religious instruction, training, or worship . . . and the record show[ed] that some church-related .....
Tag this Judgment!Court : US Supreme Court
..... that viewing all individuals in their unmitigated state will lead to a tidal wave of lawsuits. none of the court's reasoning, however, justifies a construction of the act that will obviously deprive many of congress' intended beneficiaries of the legal protection it affords. the agencies' approach, the court repeatedly contends ..... 1964. see, e. g., steelworkers v. weber, 443 u. s. 193 , 202-203 (1979). but that narrow focus could not possibly justify a construction of the statute that excluded hispanic-americans or asianamericans from its protection-or as we later decided (ironically enough, by relying on legislative history and according "great ..... provide protection for "significantly larger numbers" of individuals, ante, at 487, than estimated in the act's findings. it has long been a "familiar canon of statutory construction that remedial legislation should be construed broadly to effectuate its purposes." tcherepnin v. knight, 389 u. s. 332 , 336 (1967). congress sought, in enacting the .....
Tag this Judgment!Court : US Supreme Court
..... , i still find any actual reliance difficult to imagine. more likely, the dissent is thinking in terms of reasonable reliance, post , at 10, a legal construct designed to protect against unfairness. but a sovereign s reliance on future immunity here would have been unreasonable, hence no such protection is warranted. a legally aware ..... for expropriation and conversion, and her fifth cause of action seeks damages for violation of international law. [her] sixth cause of action seeks imposition of a constructive trust, and her seventh cause of action seeks restitution based on unjust enrichment. finally, [her] eighth cause of action seeks disgorgement of profits under the california ..... whether deference should be granted such filings in cases covered by the fsia. the issue here concerns only the interpretation of the fsia s reach a pure question of statutory construction well within the province of the judiciary. ins v. cardoza&nbhyph;fonseca, 480 u. s. 421 , 446, 448. pp. 22 24. 327 f. 3d .....
Tag this Judgment!Court : US Supreme Court
..... air pollution is not itself defined by the caa; thus, once again we must accept epa s interpretation of that ambiguous term, provided its interpretation is a permissible construction of the statute. chevron , 467 u. s., at 843. in this case, the petition for rulemaking asked epa for regulation of [greenhouse gas] emissions from motor ..... v. san pablo & tulare r. co. , 149 u. s. 308 (1893). this case suffers from none of these defects. the parties dispute turns on the proper construction of a congressional statute, a question eminently suitable to resolution in federal court. congress has moreover authorized this type of challenge to epa action. see 42 u. s. c. ..... defects that would preclude it from being a justiciable article iii controvers[y]. see, e.g., luther v. borden , 7 how. 1. moreover, the proper construction of a congressional statute is an eminently suitable question for federal-court resolution, and congress has authorized precisely this type of challenge to epa action, see 42 u. s .....
Tag this Judgment!Court : US Supreme Court
..... , and one searches the majority opinion in vain for the mention of any. that is unsurprising, for none exists. setting the case for reargument was a constructive step, but it did not cure this fundamental problem. essentially, five justices were unhappy with the limited nature of the case before us, so they changed ..... rights and expectations or require an extensive legislative response. hubbard v. united states , 514 u. s. 695 , 714 (1995) (quoting hilton v. south carolina public railways comm n , 502 u. s. 197 , 202 (1991)). stare decisis protects not only personal rights involving property or contract but also the ability of the elected branches ..... political speech); ashdown, controlling campaign spending and the new corruption : waiting for the court, 44 vand. l. rev. 767, 781 (1991); eule, promoting speaker diversity: austin and metro broadcasting , 1990 s. ct. rev. 105, 108 111. citizens united v. federal election comm'n - 08-205 (2010) scalia, j., concurring citizens united v. federal .....
Tag this Judgment!Court : US Supreme Court
..... are used in the public interest. nevertheless, the commission's position on review of entertainment format changes "could not be sustained even when all due deference was given that construction." 197 u.s.app.d.c. at 336, n. 51, 610 f.2d at 855, n. 51. [ footnote 26 ] the court of appeals was not ..... , convenience, and necessity would be served by the granting thereof, it shall grant such application." title 47 u.s.c. 310(d) provides in part: "no construction permit or station license, or any rights thereunder shall be transferred, assigned, or disposed of in any manner, voluntarily or involuntarily, directly or indirectly, or by transfer ..... commission. the legislative history of the act does not support the court of appeals, and provides insufficient basis for invalidating the agency's construction of the act. in the past, we have stated that "the construction of a statute by those charged with its execution should be followed unless there are compelling indications that it is wrong. . . ." .....
Tag this Judgment!Court : US Supreme Court
..... the "deemer clause," a distinction congress is aware of and one it has chosen not to alter. [ footnote 25 ] we also are aware that appellants' construction of the statute would eliminate some of the disuniformities currently facing national plans that enter into local markets to purchase insurance. such disuniformities, however, are the inevitable ..... . . . but it cannot be that the minimum requirements laid down by state authority are all set aside. we hold that the enactment by congress of the railway labor act was not a preemption of the field of regulating working conditions themselves, and did not preclude the state . . . from making the order in question." ..... of sen. wagner). [ footnote 32 ] the court previously has addressed this same issue in the related context of the railway labor act, 44 stat. 577, as amended, 45 u.s.c. 151 et seq.: "the railway labor act, like the national labor relations act, does not undertake governmental regulation of wages, hours, or working conditions. .....
Tag this Judgment!Court : US Supreme Court
..... footnote 15 ] the question whether "emotional injury" is cognizable under the fela is not necessarily an abstract point of law or a pure question of statutory construction that might be answerable without exacting scrutiny of the facts of the case. assuming, as we have, that fela jurisprudence gleans guidance from common law developments, ..... id. at 1321. the court of appeals concluded that the fela does authorize recovery for emotional injury. because of the important role these two statutes play in railway labor relations, we granted certiorari. 476 u.s. 1103 (1986). ii in 1906, [ footnote 5 ] congress enacted the fela to provide a federal remedy ..... federal employers' liability act (fela), railroad workers can sue their employers for personal injuries suffered at the hands of the employers or fellow employees. the railway labor act (rla) provides for the submission of minor labor disputes in the railroad industry to binding arbitration. respondent, a carman employed by petitioner, filed .....
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