Legal Opinion · Dissent

Kirtsaeng v. John Wiley & Sons, Inc.

Supreme Court of the United States

Decided March 19, 2013No. 11-697Published

1Dissent

Justice Ginsburg,

with whom Justice Kennedy joins, and with whom Justice Scalia joins except as to Parts III and V-B-1, dissenting.

“In the interpretation of statutes, the function of the courts is easily stated. It is to construe the language so as to give effect to the intent of Congress.” United States v. American Trucking Assns., Inc., 310 U. S. 534, 542 (1940). Instead of adhering to the Legislature’s design, the Court today adopts an interpretation of the Copyright Act at odds with Congress’ aim to protect copyright owners against the unauthorized importation of low-priced, foreign-made…

2Cases cited20 opinions

  1. Russello v. United StatesSupreme Court of the United States · 1983
  2. Patterson v. McLean Credit UnionSupreme Court of the United States · 1989
  3. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  4. TRW Inc. v. AndrewsSupreme Court of the United States · 2001
  5. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000

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