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The reservation of States' rights under the Eleventh Amendment would be unnecessary if Congress had not elsewhere in the statute overridden the States' immunity from suit.
It would also ignore wording elsewhere in the statute, as well as legislative history that demonstrates Congress's desire to broadly protect the nation's waters and wetlands, navigable or otherwise.
The dissent argues that another principle of statutory interpretation works against our reading, and points out that elsewhere in the statute Congress used different words to express something like the non-geographical reading we adopt.
It also dismissed wording elsewhere in the statute, as well as the act's voluminous legislative history and decades of judicial interpretation, evincing Congress's intention to comprehensively protect all U.S. waters and wetlands, whether "navigable" or not.
Similar(56)
We follow the lead of an earlier decision, United States v. Reorganized CF&I Fabricators of Utah, Inc., 518 U. S. 213, 219 (1996), in noting that "[h]ere and there in the Bankruptcy Code Congress has included specific directions that establish the significance for bankruptcy law of a term used elsewhere in the federal statutes". Id., at 219 220.
Catherine M. Amirfar, a partner at the Debevoise & Plimpton law firm who argued Mr. Morales's appeals pro bono, said the decision would affect future prosecutions under the antiterrorism statute in New York and under similar statutes elsewhere in the country.
EPE helped establish a "rights to publicity" statute in Tennessee, now being adopted elsewhere in the U.S., that give a person, entity or organization the right to all publicity surrounding a celebrity.
"Nothing in the statute prohibits it," said the spokesman, Bill Crowley.
That is what it says in the statute, anyway.
And that's set forth in the statute.
But no such language appears in the statute.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com