Gwendolyn A. Ewing - Page 28




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               LARO, J., dissenting:  In order to seize jurisdiction over             
          this case, the majority today takes the Court a step away from              
          long-established principles of statutory construction by refusing           
          to apply the plain meaning of the statute enacted by Congress.              
          The issues at hand could and should have been resolved merely by            
          applying the obvious plain meaning of the statute and following             
          recent precedent.  Instead, the majority opts to rewrite the                
          statute to achieve a practical and result-oriented decision.  In            
          so doing, the majority abandons and cuts the mooring of strict              
          construction, disregards precedent, and sends the Court drifting            
          without reliable navigation hoping to find refuge in a practical            
          result.                                                                     
               I have nothing against practical decisions.  Courts should             
          strive to arrive at real world results.  But it is Congress that            
          is empowered by our Constitution to legislate, and it is neither            
          the responsibility nor the province of this (or any other) Court            
          to create law deliberately and audaciously while disregarding a             
          specific statutory scheme that Congress has prescribed.                     
          Practical results have virtue when they occur in the context of             
          conventional statutory construction.  Result-oriented decisions             
          such as the one reached by the majority, on the other hand,                 
          disregard plain Congressional intent and encroach on the                    
          responsibility of the legislature.  To state the obvious, there             
          is abundant authority to dictate that a plain meaning                       
          interpretation of the statutory text is required absent                     




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