Brock ex rel. Williams v. Peabody Coal Co.

RUTH BADER GINSBURG,

concurring:

I concur in the judgment and in much of the court’s reasoning. However, I would rest rejection of the Secretary’s position not on the section defining “miner,” section 3(g), 30 U.S.C. § 802(g), but solely on the language and structure of section 115, 30 U.S.C. § 825.

One need not exclude “laid-off miners,” see Court’s Opinion at 1136, from the 3(g) definition of “miner” for all purposes in order to resolve this case, and I do not believe the panel intended or has made so sweeping a disposition.1 See Atlantic Cleaners & Dyers v. United States, 286 U.S. 427, 433,…