Friday, January 25, 2008

No Such Court

In Nat'l Mining Association v. Kempthorne, the D.C. Circuit determined that 30 U.S.C. s 1276(a)(1) granted subject matter jurisdiction to "the United States District Court for the District of Columbia" despite the fact that the statute references "the United States District Court for the District of Columbia Circuit."  The D.C. Circuit noted that "there is no such court within the federal judiciary" and "excised" the word "Circuit" from the statute.  The Court said it had no qualms about the erasure because "both Congress's intent and the error impeding it are plain to see."--Counseller         

http://lawprofessors.typepad.com/civpro/2008/01/no-such-court.html

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