Legal Opinion · Dissent

Jones v. Shalala

Court of Appeals for the Ninth Circuit

Decided September 23, 1993No. 93-15180Published

1DissentFernandez, Circuit Judge

The majority opinion offers a method of applying the statute that cannot be called wrong. Indeed, it is more fair to aid recipients than the method used by the Secretary. However, in the face of the inherently spongy phrase, “other relevant circumstances,” the majority reaches its conclusion by dubbing the statute clear and unambiguous. That result is reached by considering only one of Congress’ often competing intents— providing for the needy. Practically speaking, the opinion overlooks Congress’ other intentions, viz., avoiding dissipation of funds through fraud, neglect or abuse, see…

2Cases cited4 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Washington State Department of Game v. Interstate Commerce CommissionCourt of Appeals for the Ninth Circuit · 1987
  3. Martin v. SullivanCourt of Appeals for the Ninth Circuit · 1991
  4. Farley v. SullivanCourt of Appeals for the Second Circuit · 1993

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