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Richard Epstein: Why Justice Breyer should steer clear of political science

By Alliance Alert

Richard Epstein writing at Forbes: "A responsible theory of statutory interpretation . . . presupposes that language can be made clear enough to allow for its consistent interpretation and application over time . . . Untangling complex statutes is thus a perilous business. . . I think that the ordinary meaning of the statute ought to control in light of the context in which particular words and phrases are used . . . Breyer?s main point is that notions of political accountability ought to be added into the interpretive mix, so as to allow courts to maintain a cooperative working relationship with Congress."

Full post as published by Constitutionally Correct on November 08, 2010 (boomark / email).