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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Rucker v. Davis, 237 F.3d 1113 (2001)

Citation
Rucker v. Davis, 237 F.3d 1113 (2001)
Parent Document
Rucker v. Davis, 237 F.3d 1113 (2001)
Effective Date
2001-01-24

Other Sections in This Document (190)

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In this case, a number of statutory construction principles lead us to conclude that Congress has spoken on the issue and that HUD’s interpretation is contrary to congressional intent. In determining whether Congress has specifically addressed the question at issue, “a reviewing court should not confine itself to examining a particular statutory provision in isolation.” FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120, -, 120 S.Ct. 1291, 1300, 146 L.Ed.2d 121 (2000). Rather, the “the words of a statute must be read in their context and with a view to their place in the overall statutory scheme.” Id. at-, 120 S.Ct. at 1301 (quoting Davis v. Michigan Dept. of Treasury, 489 U.S. 803, 809, 109 S.Ct. 1500, 103 L.Ed.2d 891 (1989)). When the proper interpretation of a statute is not clear from the language of the text or the broader context of the statute as a whole, the legislative history offers valuable guidance and insight into Congressional intent. United States v. Hockings, 129 F.3d 1069, 1071 (9th Cir.1997). We will not assume that Congress intended a statute to create odd or absurd results. United States v. X-Citement Video, Inc., 513 U.S. 64, 69-70, 115 S.Ct. 464, 130 L.Ed.2d 372 (1994) (citing Public Citizen v. Dept. of Justice, 491 U.S. 440, 453-455, 109 S.Ct. 2558, 105 L.Ed.2d 377 (1989)). Finally, because we cannot presume Congress intended an unconstitutional result, whenever possible, statutes should be construed to avoid serious doubts as to their constitutionality. Id. at 78, 115 S.Ct. 464.