Section 1437d

Citation: Section 1437d
Parent Document: Rucker v. Davis, 237 F.3d 1113 (2001)
Jurisdiction: United States (federal)
Effective Date: 2001-01-24
Original Source: https://www.courtlistener.com/opinion/7086389/rucker-v-davis/ ↗

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The majority does not reach the constitutional issues raised by the tenants in this case. Rather, applying the doctrine of “constitutional doubt,” the majority instead imposes its own construction on the statute. The majority, however, has misapplied this doctrine. “The ‘constitutional doubt’ doctrine does not apply mechanically whenever there arises a significant constitutional question the answer to which is not obvious.” Almendarez-Torres v. United States, 523 U.S. 224, 239, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). The doctrine is to be applied only when 1) the statute is “genuinely susceptible to two constructions” and 2) there is a “serious likelihood” that the statute will be held unconstitutional. Id. at 238, 118 S.Ct. 1219; United States v. Jin Fuey Moy, 241 U.S. 394, 401, 36 S.Ct. 658, 60 L.Ed. 1061 (1916) (Holmes, J.) (statute must be construed so as to avoid “grave doubts” as to its constitutionality). We have already articulated the reasons we do not believe the statute is susceptible to multiple interpretations. We would also hold that the statute, as written by Congress and implemented by HUD, is constitutional. B. Due Process

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