This Case Comment first outlines the various methods of statutory construction used by the Supreme Court throughout its history, leading up to the Court’s implementation of contextually constrained purposivism in King v. Burwell. It then provides a summary of the facts and procedural history of King, thereby setting the stage to explain how the Court invoked contextually constrained purposivism. Finally, the Case Comment discusses some of the positive and negative implications of the approach.
Michael C. Mikulic,
The Emergence of Contextually Constrained Purposivism,
Notre Dame L. Rev. Online
Available at: http://scholarship.law.nd.edu/ndlr_online/vol91/iss3/3