9 ms·
Not quite. The problem with the way the law is drafted is that the court could have just as easily (and perhaps more likely) applied the legal rule of construc
by butlerm 4y ago
Not quite. The problem with the way the law is drafted is that the court could have just as easily (and perhaps more likely) applied the legal rule of construction known as noscitur a sociis (Latin, it is known by its associates) and interpreted "invertebrate" in context to mean something more like wet invertebrate.
That, ultimately is what makes the drafters of the pertinent amendment to the statute look sloppy, like they do not know what they are doing. The court could have reasonably gone either way, and without some failure prone inquiry into legislative history they may not have any way to tell what the legislature intended.
The doctrine of noscitur a sociis is simply shorthand for a standard way to resolve ambiguities like this, but the court used a different rule, making the legislature look silly for allegedly defining all invertebrates as fish for the purposes of this statute. Allegedly.
- giantg2 4y agoEspecially since they added other classifications outside of the fish definition.
- tptacek 4y agoNo, they can't, because the legislature wrote that law specifically to protect a series of endangered terrestrial invertebrates, and chose a word that has a plain meaning that includes terrestrial invertebrates. There's simply no complexity here. This isn't an accident of law; there was a whole huge kerfluffle in the 1980s in California about where the authority to protect insects came from, and this was considered carefully at the time. Again, this is right there in the decision linked at the top of the thread.