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But he said the statutory text alone "cannot provide a conclusive answer to our interpretive question".
Justice Antonin Scalia, who speaks often about the importance of fidelity to statutory text, liked that point.
The Ninth Circuit should have engaged with this statutory text and explored its relation to the commands of the Constitution.
"The question in every case is, simply, whether the statutory text forecloses the agency's assertion of authority, or not," he wrote.
"The statute does not appear to be self-executing, but rather seems to require an administrating or implementing authority that is not specifically provided for by the statutory text".
Chief Justice John G. Roberts Jr., writing for the majority, acknowledged that the court's approach stretched the statutory text, but he said the court should avoid deciding hard constitutional questions when it could.
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The article highlighted a problem with the Court's interpretation of the statute's purpose at hand, stating: "Even assuming the propriety of invoking legislative purpose in statutory interpretation, the text of the [Act] does not support the Court's understanding of the Act's purpose".
FSIS's argument, in addition to having no basis in the statutory or regulatory text, is inconsistent with the USDA's regulation of other animal food products, where the USDA has stated that a fatty and degenerated liver in livestock necessarily constitutes a diseased state.
"Citations" are given so that the statutory or regulatory text of each policy covered by the Web site canbe located.
Siobhain Butterworth, the Guardian's former readers' editor, writes: Since there isn't a statutory ban on creating text by means of electronic devices, it surprises me that journalists and bloggers haven't already lobbied British judges about reporting directly from the courtroom.
Its only statement on the subject was a passing reference to the absence of statutory authorization: "Nothing in the text of the Constitution extends such a right, nor does anything in our statutes".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com