Legal Opinion
Kentucky v. United States
United States Court of Federal Claims
Decided October 13, 2004No. 04-831CPublishedCited by 14 opinions
1Opinion of the Court
OPINION AND ORDER1
BLOCK, Judge.
I. Introduction
When should the word “may,” be construed as “shall?” This is the interpretive conundrum facing this court in this post-award bid protest case. While it is a corner *447stone of jurisprudence that a court should give effect to the literal meaning of a term in order to effectuate the intention of the legislature, it was also established long ago that it is only through custom, usage, convention, and especially in its context, that statutory language establishes a coherent meaning. See Pennington v. Coxe, 6 U.S. (2 Cranch) 33, 52-53, 2 L.Ed. 199 (1804)…
2Cases cited73 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- United States v. TestanSupreme Court of the United States · 1976
68 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Kentucky v. United States Ex Rel. HangelCourt of Appeals for the Sixth Circuit · 2014
- Commonwealth of Kentucky, Education Cabinet, Department for the Blind v. United StatesCourt of Appeals for the Federal Circuit · 2005
- Kansas ex rel. Kansas Department for Children & Families v. SourceAmericaCourt of Appeals for the Tenth Circuit · 2017
- State ex rel. the Kansas Department for Children & Families v. United States ex rel. CarterDistrict Court, D. Kansas · 2016
- Brooks v. Dist. of ColumbiaCourt of Appeals for the D.C. Circuit · 2019
9 more not listed; retrieve them via the Exa API.