Refreshingly Boring? High Court Considers Statutory Context

Law360 (November 5, 2018, 5:58 PM EST) -- After the contentious and divisive confirmation of Associate Justice Brett Kavanaugh, many U.S. Supreme Court commentators have suggested that a series of statutory interpretation cases without much political valence might do us all some good. On cue, enter BNSF v. Loos,[1] a case scheduled for argument on Election Day that addresses whether a railroad employer’s payment to an employee for time lost from work is subject to employment taxes under the Railroad Retirement Tax Act.[2]

If the court wishes to return to relative obscurity — where its work is scrutinized only by a dedicated group of lawyers and professors — then...

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