OSD: The Cargill Ruling Makes Eventually Taking Down the NFA Look Problematic
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Antonin Scalia once described the presumption against ineffectiveness as “the idea that Congress presumably does not enact useless laws”. (He probably intended that to be read half-sarcastically.) The point is that courts should not interpret a law in a way that nullifies the law’s goal. In this case, Sotomayor uses that to suggest that courts should […]