Cybertelecom Federal Internet Law & Policy An Educational Project

Notes :: Law

Statutory Construction

Plain Meaining

As with any issue involving a question of statutory construction, “the starting point . . . here must be the language and structure of the relevant statute[].” FleetBoston Fin. Corp. v. United States, 68 Fed. Cl. 177, 179 (2005), aff’d, 483 F.3d 1345 (Fed. Cir. 2007); see also United States v. Ron Pair Enters., Inc., 489 U.S. 235, 241 (1989); Trans-Lux Corp. v. United States, 696 F.2d 963, 966 (Fed. Cir. 1982) (applying this interpretative rule in construing 26 U.S.C. § 4252(c)). -- Comcation v. The United States, No 05-515T, Sec. II.A. (US Court of Federal Claims August 17, 2007)

Ambiguity: Legislative History

Where there is a doubt as to the meaning of the statutory language, “an examination of the legislative history, for whatever illumination it may shed, is necessary.” Ellis
First Nat'l Bank of Bradenton v. United States, 550 F.2d 9, 15 (Ct. Cl. 1977); see also Ocean Drilling & Exploration Co. v. United States, 988 F.2d 1135, 1156 (Fed. Cir. 1993). -- Comcation v. The United States, No 05-515T, Sec. II.A. (US Court of Federal Claims August 17, 2007)