Cite as: 523 U. S. 340 (1998)
Scalia, J., concurring in judgment
avoiding interpretation, Delaware & Hudson Co., 213 U. S., at 408—when that interpretation is reasonable, though not necessarily the best." Almendarez-Torres v. United States, ante, at 270 (dissenting opinion).
As the majority's discussion amply demonstrates, there would be considerable doubt about the constitutionality of § 504(c) if it did not permit jury determination of the amount of statutory damages. Because an interpretation of § 504(c) that avoids the Seventh Amendment question is at least "fairly possible," I would adopt that interpretation, prevent the invalidation of this statute, and reserve the constitutional issue for another day.
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