Throw Out All the Canons?
Yesterday, the Supreme Court heard oral argument in Ysleta del Sur Pueblo v. Texas, a case concerning the authority of specific Indian Tribes to regulate bingo and other gaming activities on Indian lands. The case largely turns on a question of statutory interpretation — specifically whether a federal statute prevents Texas from enforcing gaming regulations on tribal territory.
As this case involves Indian territory, there is a question whether the Court should apply a substantive canon of construction that would resolve ambiguities in favor of Indian tribes. But during oral argument, Justice Kagan raised broader questions about the use of substantive (as opposed to semantic) canons of construction.
From the transcript:
JUSTICE KAGAN: I’m about to take you outside the scope of this case, so I apol
Article from Reason.com