Legal Opinion · Concurring in part, dissenting in part

Holiday v. United States

District of Columbia Court of Appeals

Decided July 30, 1996No. 95-CF-1054, 95-CF-1390, 95-SP-1457 and 95-SP-1467Published

1Concurring in part, dissenting in partSchwelb, Associate Judge

One of the wisest exponents of our judicial craft cautioned more than eighty years ago that “[statutes] should be construed, not as theorems of Euclid, but with some imagination of the purposes which lie behind them.” Lehigh Valley Coal Co. v. Yensavage, 218 F. 547, 553 (2d Cir.1914), cert. denied, 235 U.S. 705, 35 S.Ct. 282, 59 L.Ed. 434 (1915) (Learned Hand, J.) (quoted in Luck v. District of Columbia, 617 A.2d 509, 513 n. 4 (D.C.1992)). Unfortunately, my colleagues in the majority have not heeded Judge Hand’s precept. Instead, they have treated the principal issue before us rather like a…

2Cases cited73 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Buckley v. ValeoSupreme Court of the United States · 1976
  3. Koon v. United StatesSupreme Court of the United States · 1996
  4. Bolling v. SharpeSupreme Court of the United States · 1954
  5. National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937

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