William Baude (University of Chicago – Law School) and Ryan David Doerfler (University of Pennsylvania Law School) have posted The (Not So) Plain Meaning Rule (University of Chicago Law Review, Vol. 84, 2017, forthcoming) on SSRN. Here is the abstract:
Under the "plain meaning rule," courts interpreting a statute look beyond that statute's text — but only if the text's meaning is not "plain." Though this rule has some intuitive appeal, it is quite puzzling upon further examination. We explain the puzzle, and then attempt to solve it.
Posted at 6:00 AM