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Perhaps sensing the dismal failure of its efforts to show…

“Perhaps sensing the dismal failure of its efforts to show that 'established by the State' means 'established by the State or the Federal Government,' the Court tries to palm off the pertinent statutory phrase as "inartful drafting.' This Court, however, has no free-floating power 'to rescue…” quote by Antonin Scalia
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“Perhaps sensing the dismal failure of its efforts to show that 'established by the State' means 'established by the State or the Federal Government,' the Court tries to palm off the pertinent statutory phrase as "inartful drafting.' This Court, however, has no free-floating power 'to rescue Congress from its drafting errors.'”

Antonin Scalia

About This Quote

This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.

The Court cannot fix Congress’s drafting mistakes; it must interpret the text as written.

In simple terms: Courts must follow statutory language.

Key Takeaway

Respect legislative wording over judicial correction.

Themes

law legislation judicial restraint

Mood

critical formal

Type

legal analytical

When to use this quote

  • legislative drafting
  • court rulings
  • policy analysis
  • legal education

Key Concepts

statutory interpretation separation of powers constitutional law

Questions to Reflect On

  • How should courts handle ambiguous statutes?
  • What role should courts play in legislative reform?
A Different Perspective

Strict adherence may perpetuate unclear laws.

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