“It is the role of good lawyers to identify and exploit [loopholes]“

by Walter Olson on June 29, 2014

Justice Scalia on statutory interpretation, dissenting in Aereo [via Legal Ethics Forum]:

It is not the role of this Court to identify and plug loopholes. It is the role of good lawyers to identify and exploit them, and the role of Congress to eliminate them if it wishes. Congress can do that, I may add, in a much more targeted, better informed, and less disruptive fashion than the crude “looks-like-cable-TV” solution the Court invents today.

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