Judging Statutes

In an ideal world, the laws of Congress-known as federal statutes-would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant?Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselvesand reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of twointerpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress.When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.

Second Circuit Judge Robert A. Katzmann brings his unique professional career, including his distinguished experience and expertise in legislature, in academia, and as a jurist to his masterful book, Judging Statutes. With concise but lucid style, Judge Katzmann gives a thorough exposition of the analytical struggles a judge must go through while interpreting a less-than-clear statute., A great bookcalled simply, Judging Statutes... What makes this particular book about statutory interpretation so engaging is the breadth of perspective that Judge Katzmann brings to it., Every judge, lawyer, law professor, and law student who interprets statutes which is to say every judge, lawyer, law professor, and law student should read this book carefully. To paraphrase Justice Frankfurter: read the book, read the book, read the book., Robert Katzmann has written an illuminating and convincing book about the importance of ascertaining the actual intent of the legislators who draft and enact our statutes. It should be required reading for all lawyers confronting questions of statutory construction when advising clients or arguing such issues before judges." -Justice John Paul Stevens (Ret.), Judge Katzmann is a dedicated public servant and a highly regarded judge. This compelling book is a welcome addition to the increasingly urgent conversation about how courts interpret what we do as members of Congress." -Senator Charles E. Schumer

Robert A. Katzmann is Chief Judge of the United States Court of Appeals for the Second Circuit. The only jurist in the federal courts with a Ph.D in political science, throughout his career he has been concerned about how to make government function more effectively. At the time of his appointment to the federal bench, he was the Walsh Professor of Government, Professor of Law and Professor of Public Policy at Georgetown University; a fellow of theBrookings Institution; and president of the Governance Institute. Numerous awards for his public service, as well as his legal writing, have been bestowed on Judge Katzmann since joining the bench.