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You're saying that they can't interpret a statute in which there is no exclusive definition?
"There has never been a lawsuit by a president against Congress or by Congress against the president over how to interpret a statute," he said.
"Normally, when there's a question of how to interpret a statute, legislatures don't insert themselves in private disputes and say, 'This is what we think,'" Nancy Polikoff, a law professor at American University Washington College of Law, told VICE.
"This suit represents the first time in our nation's history that Congress has been permitted to sue the executive branch over a disagreement about how to interpret a statute," he told reporters.
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However, if the appealed issue was purely legal, for instance, if one party is arguing that the lower court improperly interpreted a statute, the appeals court can apply the correct interpretation to the trial court case and issue its decision.
Justice Thomas said "social history" was an inappropriate basis for interpreting a statute.
As Mr. Verrilli explained, in interpreting a statute like the Anti-Injunction Act, "the precise choice of words" matters.
It looks like simple judicial activism, in which judges imposed their view of correct policy in the guise of interpreting a statute.
However, while the "issue in the case was very unusual", it was "ultimately one which required the court to perform its familiar function of interpreting a statute, not invalidating a statute".
The panel majority in Microsoft II, the consent decree appeal, stated no fewer than four times in its opinion, that it was construing a consent decree and not interpreting a statute.
"I don't think it is more efficient to have 700 district court judges interpreting a statute that does not have any objective standard," said Karin S. Schwartz, a deputy state attorney general.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com