The only difference is whether JUSTICE REHNQUIST -- Well, I think perhaps another statement of the issue is, to what extent did the Florida Supreme Court, in construing this statute, rely on more general provisions of the Florida Constitution, which they cited in their opinion?
Should the justices reject this "aggregate effects" analysis, it would call into question a slew of environmental laws, as well as civil rights statutes that rely on a broad definition of Congress's Commerce Clause authority -- a point underscored in a thoughtful brief filed by an impressive coalition of civil rights and public interest groups.
One difference involves whether to define tax shelters by statute or to rely on tests created under a series of rulings by tax court and other judges to determine whether a transaction was motivated by a hope for profit or was primarily a tax-avoidance technique.
He managed this feat in a string of decisions and dissents that pushed the court away from an idea it had relied on since 1892, that "a thing may be within the letter of the statute and yet not within the statute" – that justices can rely on what Congress meant but said poorly, or not at all.
The Supreme Court invalidated the statute, relying heavily on the remarkable claim that its power to say what the Constitution means automatically trumps any competing interpretive authority.
Therefore, Indian tribes no longer have to rely on state statutes for a cause of action.
"But if you bring your case there, you have to do it pursuant to statute, you can't just rely on a board's determination".
And the Times is writing about this, closing the loop.Rather than rely on dictionaries, statute-writers should be as careful as possible to use words in the way that they are commonly understood (especially in quality edited writing).
The officers have said they were seeking only to question Mr. Diallo, not to arrest him, and he was not in custody, so their lawyers are not confident that Justice Teresi will allow them to rely on that statute.
