Department of Energy v. Ohio, 503 U.S. 607, 15 (1992)

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Cite as: 503 U. S. 607 (1992)

Opinion of the Court

1

Ohio's first proposition is mistaken. As a general matter, the meaning of "sanction" is spacious enough to cover not only what we have called punitive fines, but coercive ones as well, and use of the term carries no necessary implication that a reference to punitive fines is intended. One of the two dictionaries Ohio itself cites reflects this breadth. See Black's Law Dictionary 1341 (6th ed. 1990) (defining "sanction" as a "[p]enalty or other mechanism of enforcement used to provide incentives for obedience with the law or with rules and regulations. That part of a law which is designed to secure enforcement by imposing a penalty for its violation or offering a reward for its observance"). Ohio's other such source explicitly adopts the coercive sense of the term. See Ballentine's Law Dictionary 1137 (3d ed. 1969) (defining sanction in part as "[a] coercive measure").

Beyond the dictionaries, examples of usage in the coercive sense abound. See, e. g., Penfield Co. of Cal. v. SEC, 330 U. S. 585, 590 (1947) (fines and imprisonment imposed as "coercive sanctions" when imposed to compel target "to do what the law made it his duty to do"); Hicks v. Feiock, 485 U. S. 624, 633-634, n. 6 (1988) ("sanction" in Penfield was civil because it was conditional; contemnor could avoid "sanction" by agreeing to comply with discovery order); Fed. Rule Civ. Proc. 37(b) (describing as "sanctions" various steps district court may take in response to noncompliance with discovery orders, including holding recalcitrant deponent in contempt); United States v. Westinghouse Elec. Corp., 648 F. 2d 642, 649 (CA9 1981) (discussing "sanctions," imposed pursuant to Fed. Rule Civ. Proc. 37(b), consisting of fine for each day litigant remained in noncompliance with District Court's discovery order); Latrobe Steel Co. v. United Steelworkers of America, Local 1537, 545 F. 2d 1336, 1344 (CA3 1976) ("Coercive sanctions . . . look to the future and are designed to aid the plaintiff by bringing a defiant party into compliance with the

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