Interpreting Complex Statutes: When To Go Beyond The Text
By Edward Zelinsky ( July 9, 2018, 5:18 PM EDT) -- The U. S. Supreme Court's most recent term ended with a series of blockbuster decisions including Trump v. Hawaii,[1] (upholding the third version of the presidential travel ban), Janus v. American Federation of State, County, and Municipal Employees,[2] (denying public unions the right to require dues payments by nonmembers) and South Dakota v. Wayfair Inc. [3] (overturning Quill Corp. v. North Dakota and its physical presence test for imposing sales tax collection responsibilities on out-of-state retailers). In such an environment, it is easy to overlook Wisconsin Central Ltd. v. United States. [4] While the short-term stakes in Wisconsin Central are not as high as the stakes of these other cases, the long-term implications of Wisconsin Central will prove equally significant. . . .
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