Thread by @jedshug

I’m teaching Legislation & Regulation ⁦@FordhamLawNYC⁩

We finished the Leg leg last week.
For review, I drew up this whiteboard order of operations for Statutory Interp:

Step 1: Text, ordinary meaning
A. Dictionaries
B. Word association canons.
C. Structural canons.

1/

2/
Is it still ambiguous?
A. VERY?
B. A LITTLE?
C. NO, IT’S CLEAR...

If VERY, then it’s worth Step 2 AND Step 3 (carefully)
2: Substantive canons
3A: Legislative history
3B: Purposes...

3/ what if still...
B. A LITTLE AMBIGUOUS?

Step 2: Substantive Canons
Like Lenity, constitutional avoidance/constitution-based, common law, etc.

If still unresolved, go to Step 3, legislative history and purposes...

4/
What if, after Step 1, the text appears CLEAR, unambiguous? Like "state" or "before Dec 31" etc?
Usually that's all, folks.
BUT...

What if "state" in the ACA is a Major Question?
What if "Before Dec 31" is scrivener's error?

Then skip Step 2, go to Step 3 -- heavy lifting.