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Congress could have said "shall apply to contracts of employment." Because they listed some specific then the general, the Court said that we don't read the gen
by wbl 2y ago
Congress could have said "shall apply to contracts of employment." Because they listed some specific then the general, the Court said that we don't read the general to expand beyond the specific examples much.
Congress can of course pass a law if the court got it wrong to clarify the construction.
- eadler 2y agoYou're correctly understanding the mistake the court made. The principle does not normally apply in this context under ordinary rules of statutory interpretation. I even gave you a source from the author of the law itself. You are correct that congress can fix the issue. Due to deadlock and a lack of care they have not.
- watwut 2y agoSupreme court using congress dysfunction to change the laws how they want is still supreme court being wrong and causing harm. It is congress fault they are gridlocked, it is supreme court who is actively doing something wrong.