Quotes · Quote card
Quotation from Lowe v. SEC by Supreme Court of the United States
“The courts should not lightly take it upon themselves to state that the path chosen by Congress is an impermissible one; but neither are the courts free to redraft statutory schemes in ways not anticipated by Congress solely to avoid constitutional difficulties.”
Lowe v. SEC, Opinion of Justice White, concurring in the result (excerpt), Part A (U.S. Reports text (Legal Information Institute))
Justice White sets out the limits he sees on the practice of construing statutes to avoid constitutional questions.
Citation: "The courts should not lightly take it upon themselves to state that the path chosen by Congress is an impermissible one; but neither are the courts free to redraft statutory schemes in ways not anticipated by Congress solely to avoid constitutional difficulties." — Supreme Court of the United States, Lowe v. SEC, Opinion of Justice White, concurring in the result (excerpt), Part A (U.S. Reports text (Legal Information Institute)). (id lowe-v-sec-q6)
Portrait: John Paul Stevens, SCOTUS photo portrait, Steve Petteway, photographer for the US Supreme Court, Public domain.
