Cite as: 506 U. S. 194 (1993)
Thomas, J., dissenting
determining the meaning of any Act of Congress," the word "person" should be construed to include an association—be given effect in determining the meaning of the in forma pauperis statute, or has the presumption been overcome because the context "indicates otherwise"? The answer to that question ultimately turns on the meaning of the phrase "unless the context indicates otherwise." In my view, the Court's holding rests on an impermissibly broad reading of that language. I see no basis for concluding that an association is not entitled to in forma pauperis status.
The Court states that the word "context" in 1 U. S. C. § 1 "means the text of the Act of Congress surrounding the word at issue, or the texts of other related congressional Acts." Ante, at 199. The Court then goes on to say that the word "indicates" has a broader scope than the word "context"; that it "imposes less of a burden than, say, 'requires' or 'necessitates' "; and that "a contrary 'indication' may raise a specter short of inanity, and with something less than syllogistic force." Ante, at 200, 201. I share the Court's understanding of the word "context." 1 I do not share the Court's under-1 I should note, however, that the majority departs from that understanding in its discussion of Wilson v. Omaha Tribe, 442 U. S. 653 (1979), which presented the question whether a corporation is a "person" for purposes of a statute apportioning the burden of proof in property disputes between an Indian and a "white person." Instead of relying on the text surrounding the word "person," as it purports to do in this case, the majority defends Omaha Tribe on the ground that a narrow construction of "person" would frustrate the "purpose" of the statute at issue in that case. Ante, at 210. This is perhaps understandable, since it would be exceedingly difficult to defend Omaha Tribe on textual grounds. But if the word "context" in 1 U. S. C. § 1 refers only to the text that surrounds a word, either Omaha Tribe was wrongly decided or this case has been wrongly decided. They cannot both be correct. A strong argument can be made that the Court misinterpreted 1 U. S. C. § 1 in Omaha Tribe. But if it did not—if it was correct in holding that the statutory term "white person" includes a corporation (because the "context" does not "indicat[e] otherwise")—the conclusion that an association is a "person" for in forma pauperis purposes is inescapable. There is no language surrounding the
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