Authors

Paul Stancil

Congressional Silence and the Statutory Interpretation Game

Abstract

This Article explores the circumstances under which the federal legislative apparatus may be unable to respond to a politically objectionable statutory interpretation from the Supreme Court. The Article builds upon existing economic models of statutory interpretation, incorporating transaction costs into the analysis for the first time. The Article concludes by identifying recent real-world disputes in which transaction costs likely constrained Congress and the President from overriding the Court.

Repository Citation

Paul Stancil, Congressional Silence and the Statutory Interpretation Game, 54 Wm. & Mary L. Rev. 1251 (2013), https://scholarship.law.wm.edu/wmlr/vol54/iss4/4