The Implications of Pulsifer v. United States for the Interpretation of Criminal Statutes

Authors

Aparajita (PJ) Das

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466.html

Document Type

Casenote

Abstract

All signs in Pulsifer point to considerable discretion for courts, all while operating within the confines of statutory text. For one, the opinion indicates that courts can override the text of a statute if the context so demands. The Court’s rejection of lenity also confirms this trend in two ways. It highlights the Court’s inconsistent approach when it comes to requiring the legislature to speak clearly. It also confirms that the threshold of ambiguity required to trigger lenity continues to be a high one, thus allowing judges to selectively apply the canon, even when a split in the Court demonstrates that the meaning of a given statutory provision is far from clear.

Recommended Citation

Aparajita (. Das, The Implications of Pulsifer v. United States for the Interpretation of Criminal Statutes, 62 San Diego L. Rev. 655 (2025).
Available at: https://digital.sandiego.edu/sdlr/vol62/iss3/6