Our colleague Stuart Gerson of Epstein Becker Green has a new post on SCOTUS Today that will be of interest to our readers: “The Court Takes a Literal Approach to Statutory Interpretation Again – This Time, to Immigration Laws.”
The following is an excerpt:
This term’s potential blockbusters still are unresolved, but this morning’s unanimous decision in Sanchez v. Mayorkus is worthy of at least a passing note. In an opinion written by Justice Kagan, the Court held that an individual who entered the United States unlawfully and was later granted Temporary Protective Status (TPS) by the government is not entitled to Lawful Permanent Resident (LPR) status by virtue of the TPS designation. This is yet another case where Justice Kagan has become a leading Court liberal voice for the application of textual principles long espoused by more conservative Justices. This is not to say that there are not cases where various judges examine text, yet reach differing conclusions. It is to say, though, that, increasingly, there are opinions authored or joined by Justices from the liberal wing of the Court that don’t lead with policy or interpretive pronouncements but, instead, with a literalist approach to statutory text.
Click here to read the full post and more on SCOTUS Today.