Judging Statutes

Judge Robert Katzmann

The first book about statutory interpretation that examines how Congress functions and what Congress expects of those interpreting its laws
Draws upon the author's interdisciplinary background as the only federal judge with a Ph.D in political science
Offers a contrasting vision to statutory interpretation to that presented by Justice Antonin Scalia's textualist approach

Judging Statutes

Judge Robert Katzmann

Description

Over the last twenty-five years, there has been a spirited debate in the courts, Congress, and in the academy about how to interpret federal statutes, the laws of Congress. Federal judges spend a considerable amount of time trying to understand Congress's meaning. Just as Congress produces laws, so courts are called on to interpret them. When the language of the statute is unambiguous, then, the job of the judge is generally straightforward. But when-as often happens-the statute is ambiguous, the interpretative task is not obvious. How a judge interprets statutes - sticking only to the text when the language is ambiguous, or going beyond the text to legislative materials - is of fundamental importance. For the methodology of interpretation can affect the outcome and thus whether the law has been construed consistently with Congress's meaning.

Justice Scalia has fueled the debate, arguing that courts should look to the text of the statute and to virtually nothing else. In Judging Statutes, Chief Judge Robert A. Katzmann of the U.S Court of Appeals for the Second Circuit, respectfully disagrees. Drawing upon his interdisciplinary background in law and political science, he argues that our constitutional system charges Congress with enacting laws; so, how Congress makes its purposes known, through text and reliable accompanying materials should be respected.

Judge Katzmann contends that there has been scant consideration given to what is critical as courts interpret statutes - an appreciation of how Congress actually functions and signals its meaning, and what Congress expects of those interpreting its laws. Judging Statutes explores how Congress works; how agencies construe legislation; and examines two interpretative approaches, purposivsm and textualism. The author discusses cases in which he was the writing judge and which the Supreme Court reviewed, and concludes with some suggestions to promote understanding between courts and Congress.

Judging Statutes

Judge Robert Katzmann

Preface
CHAPTER ONE
Introduction
CHAPTER TWO
Congress and the Lawmaking Process
CHAPTER THREE
Congress and Agencies: Interpreting and Implementing Statutes
CHAPTER FOUR
Judicial Interpretation of Statutes
CHAPTER FIVE
Some Cases I Have Decided
CHAPTER SIX
Promoting Understanding
CHAPTER SEVEN
Conclusion
APPENDIX A
Selected Commentary Over the Law Three Decades by Federal Judges on Statutory Construction
APPENDIX B
Selected Commentary Since 1997 Addressing Statutory Interpretation
ACKNOWLEDGMENTS

Judging Statutes

Judge Robert Katzmann

Author Information

Judge Robert Katzmann, Chief Justice of the Second Circuit of U.S. Court of Appeals

Chief Justice of the Second Circuit of U.S. Court of Appeals

Judging Statutes

Judge Robert Katzmann

Reviews and Awards

"Every judge, lawyer, law professor, and law student who interprets statutes which is to say every judge, lawyer, law professor, and law student should read this book carefully. To paraphrase Justice Frankfurter: read the book, read the book, read the book." - Judge Brett Kavanaugh, Harvard Law Review

"A great bookcalled simply, Judging Statutes... What makes this particular book about statutory interpretation so engaging is the breadth of perspective that Judge Katzmann brings to it." - John F. Manning, Tulsa Law Review

"Second Circuit Judge Robert A. Katzmann brings his unique professional career, including his distinguished experience and expertise in legislature, in academia, and as a jurist to his masterful book, Judging Statutes. With concise but lucid style, Judge Katzmann gives a thorough exposition of the analytical struggles a judge must go through while interpreting a less-than-clear statute." - Judge Michael M. Baylson, Judicature, volume 100, No. 1. 74 (spring 2016).

"With the Supreme Court soon to decide the fate of the Affordable Care Act based on the wording of the statute, everyone interested should read this cogent and thoughtful book by the chief judge of the U.S. Court of Appeals for the 2nd Circuit, demonstrating powerfully the challenges judges face-but also why the kind of framework Katzmann lays out should be a road map for judicial decisions, and an unbiased way for non-judges to interpret them." - Norm Ornstein, Books of the Year 2014, National Journal

Judging Statutes

Judge Robert Katzmann

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