Connecticut Nat'l Bank v. Germain, 503 U.S. 249 (1992). · Go Syfert
Connecticut Nat'l Bank v. Germain, 503 U.S. 249 (1992). Cases Citing This Book View Copy Cite
Quick Summary

Courts must presume that a legislature says in a statute what it means and means in a statute what it says.

After a district court acting as a bankruptcy appellate court denied a motion to strike a demand for a jury trial, the petitioner sought an interlocutory appeal. The court of appeals dismissed the appeal for lack of jurisdiction, reasoning that 28 U.S.C. § 158(d) limited appellate jurisdiction by implication. The Supreme Court holds that because the text of § 1292 provides for the review of certain interlocutory orders of district courts and § 158(d) is silent regarding interlocutory orders, the two statutes do not conflict. Applying the principle that courts must presume a legislature says what it means and means what it says, the Court concludes that § 158(d) does not preclude jurisdiction under § 1292.

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At page 254 Interpreting statutory language to determine appellate jurisdiction210 citing cases“we have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”506 citing courts quote it · 201 listed here
  • Polite, No. 2:25-cv-01574 (D. Ariz. Jan. 23, 2026).
    (If a statute’s text is clear and unambiguous, 9 it controls unless it results in an absurdity or a constitutional violation.)
  • Cheapside Minerals v. Devon Energy, 94 F.4th 492 (5th Cir. 2024).published 2 cites
    “[C]ourts must presume that [Congress] says in a statute what it means and means in a statute what it says there.”
  • In Re: Eileen Fogarty, No. 20-2187-bk (2d Cir. July 6, 2022).published
    (When the words of a statute are unambiguous, then . . . [the] judicial inquiry is complete.)
  • Khimmat v. Weltman, Weinberg & Reis, Co., Lpa, No. 2:21-cv-02944, 2022 WL 356561 (E.D. Pa. Feb. 7, 2022).
    (Where the statutory language is plain an unambiguous, further inquiry is not required . . ..)
  • Perrong v. South Bay Energy Corp., No. 2:20-cv-05781 (E.D. Pa. Apr. 13, 2021).
    (Where the statutory language is plain an unambiguous, further inquiry is not required . . ..)
  • Hampton v. Willow Grove Park Mall, No. 2:20-cv-04298 (E.D. Pa. Oct. 22, 2020).
    (Where the statutory language is plain and unambiguous, further inquiry is not required . . ..)
  • Spadaro v. United States Customs & Border Prot., 978 F.3d 34 (2d Cir. 2020).published
    (Legislative history and other tools of interpretation may be relied upon only if the terms of the statute are ambiguous.)
  • The Mirman Grp. LLC v. Michaels Stores Procurement Co Inc, No. 3:20-cv-01804, 2020 WL 5645217 (N.D. Tex. Sept. 22, 2020).
    (When the words of a statute are unambiguous, then, this first canon is also the last: ‘judicial inquiry is complete.’)
  • Bolger v. State Farm Auto. Ins. Co., No. 2:20-cv-03100 (E.D. Pa. Sept. 10, 2020).
    (Where the statutory language is plain an unambiguous, further inquiry is not required . . ..)
  • Saha Thai Steel Pipe Pub. Co. v. United States, 2020 CIT 181 (Ct. Intl. Trade 2020).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
Show 191 more citing cases
  • Burden v. Shinseki, 727 F.3d 1161 (Fed. Cir. 2013).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • United States v. DiCristina, 726 F.3d 92 (2d Cir. 2013).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Zayler v. United States, 442 F.3d 871 (5th Cir. 2006).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Esquibel v. Chase Manhattan Bank, 276 F. App'x 393 (5th Cir. 2008).unpublished
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • G & G Closed Circuit Events, LLC v. Olson, No. 3:20-cv-02119 (S.D. Cal. Sept. 20, 2021).
    “We have stated time and again 7 that courts must presume that a legislature says in a statute what it means and 8 means in a statute what it says there . . . When the words of a statute are 9 unambiguous, then, this fi…”
  • Leobardo Moreno Galvez v. Ur Jaddou, 52 F.4th 821 (9th Cir. 2022).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there. When the words of a statute are unambiguous, then, this first canon i…”
  • United States v. Steele, 105 F.3d 603 (11th Cir. 1997).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Miller v. United States, 363 F.3d 999 (9th Cir. 2004).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Adams v. United States, 59 F.4th 1349 (Fed. Cir. 2023).published
    “A court should always turn first to one, cardinal canon before all others . . . [w]hen the words of a statute are unambiguous, then, this first canon is also the last[.]”
  • United States v. David Henson McNab, Robert D. Blandford, No. 01-15148 (11th Cir. Mar. 21, 2003).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • United States v. David Henson McNab, 331 F.3d 1228 (11th Cir. 2003).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Frederick Shotz v. Am. Airlines, Inc., 420 F.3d 1332 (11th Cir. 2005).published
    “[CJourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • T.M. ex rel. A.M. v. Cornwall Cent. Sch. Dist., 752 F.3d 145 (2d Cir. 2014).published
    “[Cjourts must presume that [Congress] says in a statute what it means and means in a statute what it says there.”
  • United States v. Dawkins, Code, 999 F.3d 767 (2d Cir. 2021).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Franklin Sav. Corp. v. United States, 56 Fed. Cl. 720 (Fed. Cl. 2003).published
    “Courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Am. Online, Inc. v. United States, 64 Fed. Cl. 571 (Fed. Cl. 2005).published
    “[Cjourts must presume that a legislature says in a statute what it means and means in a statute what is says there. When the words of a statute are unambiguous, then, this first canon is also the last: judicial inquiry…”
  • Geo-Seis Helicopters, Inc. v. United States, 77 Fed. Cl. 633 (Fed. Cl. 2007).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what is says there.”
  • Filipczyk v. United States, 88 Fed. Cl. 776 (Fed. Cl. 2009).published
    “When the words of a statute are unambiguous, then, ... ‘judicial inquiry is complete.’”
  • DGR Assocs., Inc. v. United States, 94 Fed. Cl. 189 (Fed. Cl. 2010).published
    “[Cjourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Harbor Mktg., Inc. v. Newman (In re Newman), 500 B.R. 328 (Bankr. D. Conn. 2013).published
    “[w]hen the words of a statute are unambiguous, then ... judicial inquiry is complete”
  • In re Reeves, 509 B.R. 35 (Bankr. S.D. Tex. 2014).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Ebner v. Kaiser ex rel. Kaiser Trust (In re Kaiser), 525 B.R. 697 (Bankr. N.D. Ill. 2014).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • New Process Steel, L. P. v. Nat'l Labor Relations Bd., 560 U.S. 674 (2010).published
    “[I]n interpret ing a statute a court should always turn first to one, car dinal canon before all others. . . . [C]ourts must presume that a legislature says in a statute what it means and means in a statute what it say…”
  • Whaley v. Tennyson (In Re Tennyson), 611 F.3d 873 (11th Cir. 2010).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • In Re Int'l Diamond Exch. Jewelers, Inc., 188 B.R. 386 (Bankr. S.D. Ohio 1995).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Hillen v. City of Many Trees (In re CVAH, Inc.), 570 B.R. 816 (Bankr. D. Idaho 2017).published
    “courts must presume that a legislature says in a statute what it means and means in a statute what it says there” and “[wjhen the words of a statute are unambiguous, then, this first canon is also the last: judicial in…”
  • Zuni Pub. Sch. Dist. No. 89 v. United States Dep't of Educ., 393 F.3d 1158 (10th Cir. 2004).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Anderson v. United States Dep't of Labor, 422 F.3d 1155 (10th Cir. 2005).published
    “[CJourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Archstone Palmetto Park, LLC v. Kennedy, 132 So. 3d 347 (Fla. 4th DCA 2014).published
    “[Cjourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Deutsche Bank Nat'l Trust Co. v. Tucker, 621 F.3d 460 (6th Cir. 2010).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • In Re Farmer, 295 B.R. 322 (Bankr. W.D. Wis. 2003).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there”
  • Swinney v. Turner, 309 B.R. 638 (M.D. Ga. 2004).published
    “[Cjourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Saleh v. Titan Corp., 580 F.3d 1 (D.C. Cir. 2009).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • White v. United States, 543 F.3d 1330 (Fed. Cir. 2008).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • United States v. Carrasco-Mateo, 389 F.3d 239 (1st Cir. 2004).published
    “When the words of a statute are unambiguous ... judicial inquiry is complete.”
  • Torres-Negron v. J & N RECORDS, LLC, 504 F.3d 151 (1st Cir. 2007).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • John D. Lord & Belinda Lord, No. 19224-18 (Tax Ct. Mar. 1, 2022).unpublished
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Paolitto v. John Brown E.&C., Inc., 151 F.3d 60 (2d Cir. 1998).published
    “When the words of a statute are unambiguous, ... ‘judicial inquiry is complete.’”
  • Gilbert v. United States, 625 F.3d 716 (11th Cir. 2011).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says.”
  • McBride v. PLM Int'l, Inc., 179 F.3d 737 (9th Cir. 1999).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there. When the words of a statute are unambiguous, then ... [the] ‘judicial…”
  • Boyer v. United States, No. 20-438 (Fed. Cl. Apr. 20, 2022).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • People v. Miller, 65 V.I. 217 (2016).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • United States v. Charpia, No. 21-50288 (5th Cir. June 3, 2022).unpublished
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Bracamontes v. Holder, 675 F.3d 380 (4th Cir. 2012).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • United States v. William O. Steele, Cross-Appellee, 147 F.3d 1316 (11th Cir. 1998).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • K.R.Y.S. v. Sugrue, 859 F. Supp. 2d 644 (S.D.N.Y. 2012).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Buck Doe, & Robert Doe Tays Doe Otis Doe Thomas Doe Joe Doe Charles Doe Dick Doe v. Elaine L. Chao, Sec'y of Labor, 435 F.3d 492 (4th Cir. 2006).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there. When the words of a statute are unambiguous, then ... judicial inquir…”
  • Martinez v. Mukasey, 519 F.3d 532 (5th Cir. 2008).published
    “We have stated time and time again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Caddell Constr. Co. v. United States, 123 Fed. Cl. 469 (Fed. Cl. 2015).published
    “[Cjourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • United States v. Albert Savani, 716 F.3d 66 (3d Cir. 2013).published
    “[I]n interpreting a statute, a court should always turn first to [this] one, cardinal canon before all others.... When the words of a statute are unambiguous, then, this first canon is also the last: judicial inquiry i…”
  • United States v. Shellef, 718 F.3d 94 (2d Cir. 2013).published
    “When the words of a statute are unambiguous ... judicial inquiry is complete.”
  • Deutsch v. United States, No. 95-1291 (3d Cir. Oct. 12, 1995).
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • United States v. Albert Savani, 733 F.3d 56 (3d Cir. 2013).published
    “[I]n interpreting a statute, a court should always turn first to [this] one, cardinal canon before all others.... When the words of a statute are unambiguous, then, this first canon is also the last: judicial inquiry i…”
  • United States v. Martinez, 978 F. Supp. 1442 (D.N.M. 1997).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Health Repub. Ins. Co. v. United States, 129 Fed. Cl. 757 (Fed. Cl. 2017).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what is says there.”
  • Nuclear Info. & Resource Serv. v. United States Dep't of Transp. Rsch. & Special Programs Admin., 457 F.3d 956 (9th Cir. 2006).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Freeman v. Directv, Inc., 457 F.3d 1001 (9th Cir. 2006).published
    “When the words of a statute are unambiguous, then, this first canon is also the last: the judicial inquiry is complete.”
  • Dillinger France S.A. v. United StatesPublic version: 08/15/2023., 651 F. Supp. 3d 1294 (Ct. Intl. Trade 2023).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Harris Cnty. v. Gist, 976 F. Supp. 601 (S.D. Tex. 1996).published
    “courts must presume that a legislature says in a statute what it means and means in a statute what it says there”
  • Ezell Gilbert v. United States, 640 F.3d 1293 (11th Cir. 2011).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says.”
  • Robb Evans & Assocs., LLC v. United States, 850 F.3d 24 (1st Cir. 2017).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • United States v. Great Am. Ins. Co. of New York, 229 F. Supp. 3d 1306 (Ct. Intl. Trade 2017).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Lex Claims, LLC v. Garcia-Padilla, 236 F. Supp. 3d 504 (D.P.R. 2017).published
    “[Cjourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Carpenter v. Mississippi Valley State Univ., 807 F. Supp. 2d 570 (N.D. Miss. 2011).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what is says there.”
  • Smolnikar v. Royal Caribbean Cruises Ltd., 787 F. Supp. 2d 1308 (S.D. Fla. 2011).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • AquAlliance v. United States Bureau of Reclamation, 856 F.3d 101 (D.C. Cir. 2017).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Ariad Pharm., Inc. v. Matal, 283 F. Supp. 3d 503 (E.D. Va. 2018).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says it there.”
  • Barretta v. Wells Fargo Bank, N.A., 693 F. App'x 26 (2d Cir. 2017).unpublished
    “So long as a party to a proceeding or case in bankruptcy meets the conditions imposed by § 1292, a court of appeals may rely on that statute as a basis for jurisdiction.”
  • Taylor v. Nationwide Mut. Ins., 589 S.E.2d 55 (W. Va. 2003).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Sanjay Bhatnagar v. Matthew Meyer, No. 22-2848, 2023 WL 5378834 (3d Cir. Aug. 22, 2023).unpublished
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there. When the words of a statute are unambiguous, then, this first canon is also the last: judicial inquiry…”
  • Early v. Early, 499 S.E.2d 329 (Ga. 1998).published
    “[w]hen the words of a statute are unambiguous, then, this first canon [of statutory construction] is also the last: `judicial inquiry is complete.' [Cits.]”
  • Kolve v. Internal Revenue Serv. (In Re Kolve), 459 B.R. 376 (Bankr. W.D. Wis. 2011).published
    “courts must presume that a legislature says in a statute what it means and means in a statute what it says there”
  • In Re Fernandez, 445 B.R. 790 (Bankr. W.D. Tex. 2011).published
    “courts are to presume that a legislature says in a statute what it means and means in a statute what it says”
  • In Re Pt-1 Commc'ns, Inc., 447 B.R. 115 (Bankr. E.D.N.Y. 2011).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • In Re Scotto-Diclemente, 459 B.R. 558 (Bankr. D.N.J. 2011).published
    “Courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Cirilli v. Bronk (In Re Bronk), 444 B.R. 902 (Bankr. W.D. Wis. 2011).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Jean-Louis v. Attorney Gen. of the United States, 582 F.3d 462 (3d Cir. 2009).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Return Mail, Inc. v. United States Postal Serv., 868 F.3d 1350 (Fed. Cir. 2017).published
    “[C]ourts must presume that a legis- lature says in a statute what it means and means in a statute what it says there.”
  • United States v. Perez, 353 F. Supp. 3d 131 (D.D.C. 2018).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Zazzali v. United States (In Re DBSI, Inc.), 869 F.3d 1004 (9th Cir. 2017).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • United States v. Great Am. Ins. Co. of N.Y., 121 F. Supp. 3d 1288 (Ct. Intl. Trade 2015).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.... When the words of a statute are unambiguous, then ... judicial inq…”
  • Hymas v. United States, 810 F.3d 1312 (Fed. Cir. 2016).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Linde v. Arab Bank, PLC, 882 F.3d 314 (2d Cir. 2018).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Keith Mayer v. TPC Holdings, Inc., No. 43468 (Idaho Mar. 24, 2016).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Cri-Leslie, LLC v. Comm'r of Internal Revenue, 882 F.3d 1026 (11th Cir. 2018).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Mayer v. TPC Holdings, Inc., 370 P.3d 738 (Idaho 2016).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Wallaesa v. Fed. Aviation Admin., 824 F.3d 1071 (D.C. Cir. 2016).published
    “[A] legislature says in a statute what it means and means in a statute what it says.”
  • Joyce Barlow v. Colgate Palmolive Co., 772 F.3d 1001 (4th Cir. 2014).published
    “[CJourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • United States v. All Funds on Deposit With R.J. O'Brien & Assocs., 783 F.3d 607 (7th Cir. 2015).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says”
  • United States v. Kozeny, 541 F.3d 166 (2d Cir. 2008).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Cynthia Beving v. John F. Beadles, Individually & as Indep. of the Est. of Dudley D. Beadles, 563 S.W.3d 399 (Tex. App.—Fort Worth 2018).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Melvin P. Deutsch v. United States, 67 F.3d 1080 (3d Cir. 1995).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Sunoco, Inc. v. United States, 908 F.3d 710 (Fed. Cir. 2018).published
    “When the words of a statute are unambiguous, then, this first canon is also the last.”
  • State v. Raul Cortez, No. 02-18-00019-CR (Tex. App.—Fort Worth Nov. 8, 2018).unpublished
    “When the words of a statute are unambiguous, then, the first canon is also the last: ‘judicial inquiry is complete.’”
  • Danielle Larson v. Xyz Ins. Co., 226 So. 3d 412 (La. 2017).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and' means in a statute what it says there.”
  • O'MAHONY v. Accenture Ltd., 537 F. Supp. 2d 506 (S.D.N.Y. 2008).published
    “When the words of a statute are unambiguous, then, this first cannon is also the last: judicial inquiry is complete.”
  • 77 Fair empl.prac.cas. (Bna) 1351, 74 Empl. Prac. Dec. P 45,573 Anthony W. Paolitto, Plaintiff-Appellee-Cross-Appellant v. John Brown E.&c., Inc., & Crawford & Russell, Inc., Defendants-Appellants-Cross-Appellees, 151 F.3d 60 (2d Cir. 1998).published
    “When the words of a statute are unambiguous, ... 'judicial inquiry is complete.'”
  • United States v. Navarro, 972 F. Supp. 1296 (E.D. Cal. 1997).published
    “when the words of a statute are unambiguous, then, ... judicial inquiry is complete.”
  • Est. of James C. Gibbs, Sr. James C. Gibbs, Jr., in No. 98-5099 v. United States of Am., in No. 97-5815, 161 F.3d 242 (3d Cir. 1998).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Debra Wilson v. James Rigby, 909 F.3d 306 (9th Cir. 2018).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Janice Bowers Wolk v. Unum Life Ins. of Am., 186 F.3d 352 (3d Cir. 1999).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • In Re: Apex Express Corp. Humboldt Express, Inc., Debtors. Humboldt Express, Inc. v. The Wise Co., Inc., 190 F.3d 624 (4th Cir. 1999).published
    “When the words of a statute are unambiguous, then, this first canon is also the last: ‘judicial inquiry is complete.’”
  • VanDerStok v. Garland, 86 F.4th 179 (5th Cir. 2023).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • United States v. Marco Antonio Perez, 86 F.4th 1311 (11th Cir. 2023).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • L. Claire Lander, Charles M. Droz, Julian Block, & Zelda Block v. Hartford Life & Annuity Ins. Co. & Hartford Life Ins. Co., 251 F.3d 101 (2d Cir. 2001).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • United States v. Orville Milk, 281 F.3d 762 (8th Cir. 2002).published
    “When the words of a statute are unambiguous, then, this first canon is also the last: ‘judicial inquiry is complete.’”
  • Katharina Wagner Gully, A/K/A Karin Gully v. Nat'l Credit Union Admin. Bd., Waterside Fed. Credit Union, Intervenor, 341 F.3d 155 (2d Cir. 2003).published
    “When the words of a statute are unambiguous ... ‘judicial inquiry is complete.’”
  • United States v. Larry Duane Sioux, 362 F.3d 1241 (9th Cir. 2004).published
    “[CJourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Salinas v. United Student Aid Funds, Inc. (In Re Salinas), 240 B.R. 305 (Bankr. W.D. Wis. 1999).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • in Re SSCP Mgmt., Inc. SDharod Enter., Inc. Apple Texas Restaurants, Inc. Texas Apple, LLC SRS Real Est. Partners, LLC & SRS Nat'l Net Lease Grp., LP, 573 S.W.3d 464 (Tex. App.—Fort Worth 2019).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • In the Matter Of: Supreme Beef Processors, Inc., Debtor. Stephen Zayler, Tr. of the Est. of Supreme Beef Processors, Inc. v. Dep't of Agric. United States of Am., 468 F.3d 248 (5th Cir. 2006).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • In Re Hosp. Assocs. of Laurel, 212 B.R. 188 (Bankr. D.N.H. 1997).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Valley Nat'l Bank v. Lavecchia, 59 F. Supp. 2d 432 (D.N.J. 1999).published
    “... courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Goshen Irrigation Dist. v. Pathfinder Irrigation Dist., 62 F. Supp. 2d 1218 (D. Wyo. 1999).published
    “When the words of a statute are unambiguous, then, ... ‘judicial inquiry is complete.’”
  • Purdue Pharma L.P. v. Commonwealth of Kentucky, 704 F.3d 208 (2d Cir. 2013).published
    “[I]n interpreting a statute, a court should always turn first to [this] one, cardinal canon before all others.... When the words of a statute are unambiguous, then, this first canon is also the last: judicial inquiry i…”
  • FAG Kugelfischer Georg Schafer AG v. United States, 131 F. Supp. 2d 104 (Ct. Intl. Trade 2001).published
    “[Cjourts must presume that a legislature says in a statute what it means and means in a statute what it says there. When the words of a statute are unambiguous, then, this first canon is also the last: ‘judicial inquir…”
  • United States v. Stone, No. 2019-0018 (D.D.C. Aug. 1, 2019).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Joy Spurr v. Melissa Lopez Pope, 936 F.3d 478 (6th Cir. 2019).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says No. 18-2174 Spurr v. Pope, et al. Page 6 there.”
  • United States v. Sec'y Florida Agency for Health Care Admin., 938 F.3d 1221 (11th Cir. 2019).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • United States v. Proj. on Gov't Oversight, 484 F. Supp. 2d 56 (D.D.C. 2007).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • State Of Texas v. Becerra, No. 6:24-cv-00211 (E.D. Tex. July 3, 2024).
    “[A] legislature says in a statute what it means and means in a statute what it says there.”
  • Fed'n of Americans for Consum. Choice, Inc. v. United States Dep't of Labor, No. 6:24-cv-00163 (E.D. Tex. July 25, 2024).
    “[A] legislature says in a statute what it means and means in a statute what it says there.”
  • Guru Nanak Sikh Soc'y of Yuba City v. Cnty. of Sutter, 326 F. Supp. 2d 1128 (E.D. Cal. 2003).published
    “[W]hen the words of a statute are unambiguous, then, ... judicial inquiry is complete.”
  • Saeemodarae v. Mercy Health Servs., 456 F. Supp. 2d 1021 (N.D. Iowa 2006).published
    “plain language” is the “one, cardinal canon before all others,” and “courts must presume that a legislature says in a statute what it means and means in a statute what it says there”
  • Robert Bosch, Llc v. Pylon Mfg. Corp., 719 F.3d 1305 (Fed. Cir. 2013).published
    “[I]n interpreting a statute a court ROBERT BOSCH, LLC v. PYLON MANUFACTURING CORP. 3 should always turn first to one, cardinal canon before all others . . . that a legislature says in a statute what it means and means…”
  • Topaz Johnson v. H.D.S.P., 127 F.4th 123 (9th Cir. 2025).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Jimenez v. Servicios Agricolas Mex, Inc., 742 F. Supp. 2d 1078 (D. Ariz. 2010).published
    “When the words of a statute are unambiguous, ... ‘judicial inquiry is complete.’”
  • Imaginarium v. United States Small Bus. Admin., No. 2:21-cv-00752 (D. Utah Aug. 1, 2022).
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Aid for Women v. Foulston, 427 F. Supp. 2d 1093 (D. Kan. 2006).published
    “The preeminent canon of statutory interpretation requires us to ‘presume that [the] legislature says in a statute what it means and means in a statute what it says there.’”
  • Antunes v. Rector & Visitors of the Univ. of Virginia, No. 3:21-cv-00042 (W.D. Va. Sept. 12, 2022).
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • INTL FCStone Fin. Inc. v. Louise Farmer, No. 19-2123 (7th Cir. Feb. 24, 2020).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • NTN Bearing Corp. of Am. v. United States, 104 F. Supp. 2d 110 (Ct. Intl. Trade 2000).published
    “[Cjourts must presume that a legislature says in a statute what it means and means in a statute what it says there. When the words of a statute are unambiguous, then, this first canon is also the last: ‘judicial inquir…”
  • Duffus v. Mainehealth, No. 2:24-cv-00268 (D. Me. July 14, 2025).
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Purushothaman Rajaram v. Meta Platforms, Inc., 105 F.4th 1179 (9th Cir. 2024).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Microf LLC v. Paul L. Cumbess, 960 F.3d 1325 (11th Cir. 2020).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Lambro v. United States, No. 21-1447 (Fed. Cl. Apr. 1, 2025).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Jawad v. Barnhart, 370 F. Supp. 2d 1077 (S.D. Cal. 2005).published
    “[CJourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Dongguan Kaiju Elec. Tech. Co. Ltd. v. Waters Indus., Inc, No. 1:24-cv-04682 (N.D. Ill. Apr. 18, 2025).
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there. When the words of a statute are unambiguous, then, this first canon i…”
  • Saha Thai Steel Pipe Pub. Co. v. United States, 2020 CIT 148 (Ct. Intl. Trade 2020).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Husteel Co. v. United States, 2020 CIT 147 (Ct. Intl. Trade 2020).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Coleman v. Wilson, 933 F. Supp. 954 (E.D. Cal. 1996).published
    “courts must presume that a legislature says in a statute what it means and means in a statute what it says”
  • Host Marriott Corp. v. United States, 113 F. Supp. 2d 790 (D. Md. 2000).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • The Maxus Liquidating Trust v. YPF S.A., No. 18-50489 (Bankr. D. Del. May 10, 2021).
    “When the words of a statute are unambiguous, then, this first canon is also the last: the judicial inquiry is complete.”
  • McDermott Int'l, Inc., No. 20-30336 (Bankr. S.D. Tex. May 20, 2020).
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says [].”
  • Country Fresh Holding Co. Inc. & Off. Comm. of Unsecured Creditors, No. 21-30574 (Bankr. S.D. Tex. July 12, 2021).
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • John C. Bedrosian & Judith D. Bedrosian v. Comm'r, 143 T.C. 83 (Tax Ct. 2014).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Calyon New York Branch v. Am. Home Mortg. Corp. (In Re Am. Home Mortg., Inc.), 379 B.R. 503 (Bankr. D. Del. 2008).published
    “When the words of a statute are unambiguous, then, this first canon is also the last: the judicial inquiry is complete.”
  • Soroka v. Off. of Pers. Mgmt., 557 F. App'x 983 (Fed. Cir. 2014).unpublished
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • In Re Fuger, 347 B.R. 94 (Bankr. D. Utah 2006).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • T.M. v. Cornwall Cent. Sch. Dist., No. 12-4301 (L) (2d Cir. Apr. 2, 2014).published
    “[C]ourts must presume that [Congress] says in a statute what it means and means in a statute what it says there.”
  • Chevron Corp. v. Repub. of Ecuador, 949 F. Supp. 2d 57 (D.D.C. 2013).published
    “[W]hen the words of a statute are unambiguous ... this first canon is also the last: ‘judicial inquiry is complete.’”
  • Duke Energy Int'l Peru Investments No. 1 Ltd. v. Repub. of Peru, 904 F. Supp. 2d 131 (D.D.C. 2012).published
    “when the words of a statute are unambiguous ... this first canon is also the last: ‘judicial inquiry is complete’”
  • Duke Energy Int'l Peru Investments No. 1 Ltd. v. Repub. of Peru, 892 F. Supp. 2d 53 (D.D.C. 2012).published
    “when the words of a statute are unambiguous ... this first canon is also the last: ‘judicial inquiry is complete’”
  • Teles Ag v. Kappos, 846 F. Supp. 2d 102 (D.D.C. 2012).published
    “When the words of a statute are unambiguous, then, this first canon is also the last: judicial inquiry is complete.”
  • Sec. Inv. Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC (In Re Bernard L. Madoff Inv. Sec. LLC), 424 B.R. 122 (Bankr. S.D.N.Y. 2010).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • In Re Brandon, 349 B.R. 130 (Bankr. M.D.N.C. 2006).published
    “Courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • United States v. Equip. Acquisition Resource, 742 F.3d 743 (7th Cir. 2014).published
    “[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Est. of Esther Hussey v. Milwaukee Cnty., 740 F.3d 1139 (7th Cir. 2014).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • In Re McLouth, 257 B.R. 316 (Bankr. D. Mont. 2000).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Sec. & Exch. Comm'n v. Xia, No. 1:21-cv-05350, 2022 WL 17539124 (E.D.N.Y Dec. 8, 2022).
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • John Thorpe v. Borough of Jim Thorpe, 770 F.3d 255 (3d Cir. 2014).published
    “[Cjourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Jackson v. Mishkin (In Re Adler, Coleman Clearing Corp.), 263 B.R. 406 (S.D.N.Y. 2001).published
    “When the words of a statute are unambiguous, then, this first cannon is also the last: ‘judicial inquiry is complete.’”
  • Diaz, No. 1:25-cv-22287 (S.D. Fla. May 18, 2026).
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Belson v. Olson Rug Co., 483 B.R. 660 (N.D. Ill. 2012).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what is says there. When the words of a statute are unambiguous, then, this first canon i…”
  • In Re Sturgis Iron & Metal Co., Inc., 420 B.R. 716 (Bankr. W.D. Mich. 2009).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there. When the words of a statute are unambiguous, then, this first canon i…”
  • In Re Clifford, 182 B.R. 229 (Bankr. N.D. Ill. 1995).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there. When the words of a statute are unambiguous, then, this first canon i…”
  • In Re New Valley Corp., 168 B.R. 73 (Bankr. D.N.J. 1994).published
    “When the words of a statute are unambiguous, then, this first canon is also the last: ‘judicial inquiry is complete.’”
  • Travelers Ins. v. Cuomo, 14 F.3d 708 (1993).published
    “courts must presume that a legislature says in a statute what it means and means in a statute what it says”
  • E. Stephen Dean v. Thomas K. Byerley, 354 F.3d 540 (6th Cir. 2004).published
    “[A] court should always turn to one, cardinal canon before all others[,] ... that a legislature says in a statute what it means and means in a statute what it says there. When the words of a statute are unambiguous, th…”
  • Broussard-Wadkins v. Maples, 895 F. Supp. 2d 1159 (N.D. Ala. 2012).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there. When the words of a statute are unambiguous, then, this first canon i…”
  • Keweenaw Bay Indian Cmty. v. United States, 940 F. Supp. 1139 (W.D. Mich. 1996).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.... When the words of a statute are unambiguous, then this first canon…”
  • Reinhardt v. Vanderbilt Mortg. & Fin., Inc., 563 F.3d 558 (6th Cir. 2009).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there. When the words of a statute are unambiguous, then, this first canon i…”
  • United States v. Tinklenberg, 579 F.3d 589 (6th Cir. 2009).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there. When the words of a statute are unambiguous, then, this first canon i…”
  • Buffalo State Alumni Ass'n v. Cincinnati Ins. Co., 251 F. Supp. 3d 566 (W.D.N.Y. 2017).published
    “nowhere ... has Congress indicated that the unadorned words of [the statute] are in some way limited by implication. It would be dangerous in the extreme to infer that a case for which the words of an instrument expres…”
  • Reynolds v. Mercy Hosp., 861 F. Supp. 214 (W.D.N.Y. 1994).published
    “we have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there”
  • United States v. Sheppard, 879 F. Supp. 80 (C.D. Ill. 1995).published
    “We have stated time and again that courts must presume that a legislature says in a statute what-it means and means in a statute what it says there. When the words of a statute are unambiguous, then this first canon is…”
  • In Re Lutheran Bhd. Variable Ins. Prods. Co. Sales Practices Litig., 105 F. Supp. 2d 1037 (D. Minn. 2000).published
    “we have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there ... When the words of a statute are unambiguous, then, this first cano…”
  • Orlando Roldan v. James Racette, Superintendent, Adirondack Corr. Facility, & U.S. Immigr. & Naturalization Serv., 984 F.2d 85 (2d Cir. 1993).published
    “courts must presume that a legislature says in a statute what it means and means in a statute what it says there”
  • Rubin v. Tourneau, Inc., 797 F. Supp. 247 (S.D.N.Y. 1992).published
    “courts must presume that a legislature says in a statute what it means and means in a statute what it says”
  • Westnau Land Corp. v. U.S. Small Bus. Admin., as an Agency of the United States of Am., 1 F.3d 112 (2d Cir. 1993).published
    “courts must presume that a legislature says in a statute what it means and means in a statute what it says”
  • The Travelers Ins. Co. v. Cuomo, 14 F.3d 708 (2d Cir. 1994).published
    “courts must presume that a legislature says in a statute what it means and means in a statute what it says”
  • United States v. Leroy Johnson, Jr., 14 F.3d 766 (2d Cir. 1994).published
    “Germain says that legislative history points to a different result. But we think that judicial inquiry into the application of § 1292 begins and ends with what § 1292 does say and with what § 158(d) does not.”
  • Confederated Tribes of Siletz Indians of Oregon v. United States, 841 F. Supp. 1479 (D. Or. 1994).published
    “courts must presume that a legislature says in a statute what it means and means in a statute what it says there”
  • In Re Gregory Boat Co., 144 B.R. 361 (Bankr. E.D. Mich. 1992).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Colleen P. Kramer v. Banc of Am. Sec., LLC, 355 F.3d 961 (7th Cir. 2004).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there. When the words of a statute are unambiguous, then this first canon is…”
  • Himes v. Medstar-georgetown Univ. Med. Ctr., 753 F. Supp. 2d 89 (D.D.C. 2010).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there. . . . When the words of a statute are unambiguous, then, this first c…”
  • Diaz v. Jaguar Restaurant Grp., LLC, 649 F. Supp. 2d 1343 (S.D. Fla. 2009).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there .... When the words of a statute are unambiguous, then, this first can…”
  • In Re Methyl Tertiary Butyl Ether Liab., 674 F. Supp. 2d 494 (S.D.N.Y. 2009).published
    “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there. When the words of a statute are unambiguous, then, this first canon i…”
  • Clarkson Constr. Co. v. Drexel Burnham Lambert Grp., Inc. (In Re the Drexel Burnham Lambert Grp., Inc.), 158 B.R. 30 (S.D.N.Y. 1993).published
    “courts must presume that a legislature says in a statute what it means and means in a statute what it says.”
  • In Re Chavez, 138 B.R. 979 (Bankr. D.N.M. 1992).published
    “cardinal canon” is that “courts must presume that a legislature says in a statute what it means and means in a statute what it says there.”
  • Cooper v. E.I. Du Pont De Nemours & Co. (In Re Bulldog Trucking, Inc.), 173 B.R. 517 (W.D.N.C. 1994).published
    “We have stated time and again that courts must presume that a legislature says in a *541 statute what it means and means in a statute what it says there”
At page 253 Interpreting statutory overlap and canons of construction474 citing cases[I]n interpreting a statute a 8 court should always turn first to one, cardinal canon before all others,” plain meaning, 9 because “courts must presume that a legislature says in a statute what it means and means 10 in a statute what it says there.37 citing courts put it this way · 74 listed here
Show 64 more citing cases
At page 252 Defining bankruptcy appellate jurisdiction under 28 U.S.C. § 15822 citing casesBankruptcy appeals are governed for the most part by [28 U.S.C.] § 158.10 citing courts put it this way · 10 listed here
112 S. Ct. at 1149 [C]ourts must presume that [Congress] says in a statute what it means and means in a statute what it says there.1 citing case1 citing court put it this way
  • Cheapside Minerals v. Devon Energy, 94 F.4th 492 (5th Cir. 2024).published 2 cites
    ([C]ourts must presume that [Congress] says in a statute what it means and means in a statute what it says there.)
Quoted next to this citation, but not language from this opinion
“[I]t is this court’s obligation to enforce statutes as Congress wrote them.”quoted beside the cite; not in this opinion · 2 citing cases listed
“We first look to the statute’s plain meaning; if the language is unambiguous, we will not look further.”quoted beside the cite; not in this opinion · 2 citing cases listed
  • Brezler v. Mills, 220 F. Supp. 3d 303 (E.D.N.Y 2016).published
    “We first look to the statute’s plain meaning; if the language is unambiguous, we will not look further.”
  • Rosenberg v. Triborough Bridge & Tunnel Auth., No. 1:19-cv-10478 (S.D.N.Y. Mar. 16, 2021).
    “We first look to the statute’s plain meaning; if the language is unambiguous, we will not look farther.”
“When the words of a statute are unambiguous, then, the first canon is the last: ‘judicial inquiry is complete.’”quoted beside the cite; not in this opinion · 2 citing cases listed
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
CONNECTICUT NATIONAL BANK
v.
GERMAIN, Trustee for the ESTATE OF O’SULLIVAN’S FUEL OIL CO., INC.
90-1791.
Supreme Court of the United States.
Mar 9, 1992.
Published opinion
503 U.S. 249
1992 U.S. LEXIS 1531
92 Cal. Daily Op. Serv. 1971
Janet C. Hall argued the cause for petitioner. With her on the briefs were G. Eric Brunstad, Jr., and Linda L. Morkan., Thomas M. Germain argued the cause and filed a brief for respondent.
Thomas, Rehnquist, Scalia, Kennedy, Souter, Stevens, O'Connor, White, Blackmun.
Cited by 3,049 opinions  |  Published
116 passages pin-cited by 267 cases
Pinpoint authority: #34 of 633,719
Citer courts: Eleventh Circuit (61) · Second Circuit (43) · District of Columbia (33) · Ninth Circuit (31) · Federal Circuit (28) · D.C. Circuit (26) · Third Circuit (25)

Lead Opinion

Justice Thomas

delivered the opinion of the Court.

In this case, we determine the appealability of an interlocutory order issued by a district court sitting as a court of appeals in bankruptcy.

I

In 1984, O’Sullivan’s Fuel Oil Co., Inc., filed a bankruptcy petition in the United States Bankruptcy Court for the District of Connecticut. Although the case began as a reorganization under Chapter 11 of the Bankruptcy Code, in 1986 the Bankruptcy Court converted it into a liquidation under Chapter 7. Petitioner Connecticut National Bank (CNB) is successor in interest to one of O’Sullivan’s creditors. Respondent Thomas M. Germain is trustee of O’Sullivan’s estate.

On June 1, 1987, Germain sued CNB in Connecticut state court, seeking to hold the bank liable for various torts and breaches of contract. CNB removed the suit to the United States District Court for the District of Connecticut, which, pursuant to local rule, automatically referred the proceeding to the Bankruptcy Court overseeing the liquidation. Ger-main then filed a demand for a jury trial. CNB moved to strike Germain’s demand. The Bankruptcy Court denied CNB’s motion, In re O’Sullivan’s Fuel Oil Co., 103 B. R. 388 (Conn. 1989), and the District Court affirmed, Germain v. Connecticut Nat. Bank, 112 B. R. 57 (Conn. 1990).

CNB then tried to appeal to the Court of Appeals for the Second Circuit, but the court dismissed for lack of jurisdic[*251] tion. 926 F. 2d 191 (1991). The Second Circuit held that a court of appeals may exercise jurisdiction over interlocutory orders in bankruptcy only when a district court issues the order after having withdrawn a proceeding or case from a bankruptcy court, and not when the district court acts in its capacity as a bankruptcy court of appeals. We granted certiorari, 502 U. S. 905 (1991), and now reverse and remand.

HH H — I

Courts of appeals have jurisdiction over [interlocutory orders of the district courts of the United States” under 28 U. S. C. § 1292.* CNB contends that § 1292(b) applies by its terms in this case, and that the Second Circuit therefore could have exercised discretionary jurisdiction over its appeal. Germain argues that § 1292 does not apply at all in this case because Congress limited § 1292 through 28 U. S. C.[*252] § 158(d), which deals with bankruptcy jurisdiction. CNB responds that nothing in § 158(d) limits §1292. We agree with CNB.

Bankruptcy appeals are governed for the most part by §158. This section comprises four subsections, three of which concern us here. Subsection (a) gives the district courts authority to hear appeals from final and interlocutory orders of the bankruptcy courts. The District Court, as we have noted, had jurisdiction under this- provision to hear CNB’s appeal from the Bankruptcy Court. Subsection (b) permits the judicial council of any circuit to establish a bankruptcy appellate panel to fill the role of the district courts under subsection (a). Subsection (d), which is pivotal in this case, provides:

“The courts of appeals shall have jurisdiction of appeals from all final decisions, judgments, orders, and decrees entered under subsections (a) and (b) of this section.”

Neither this subsection nor any other part of § 158 mentions interlocutory orders entered by the district courts in bankruptcy. The parties agree, as they must, that § 158 did not confer jurisdiction on the Court of Appeals.

Germain contends that the Court of Appeals did not have jurisdiction under § 1292 either, for § 158(d), in his view, precludes jurisdiction under § 1292 by negative implication. Ger-main reasons as follows: Although §§ 1291 and 1292 appear to cover the universe of decisions issued by the district courts — with § 1291 conferring jurisdiction over appeals from final decisions of the district courts, and § 1292 conferring jurisdiction over certain interlocutory ones — that cannot in fact be so. If § 1291 did cover all final decisions by a district court, he argues, that section would render § 158(d) superfluous, since a final decision issued by a district court sitting as a bankruptcy appellate court is still a final decision of a district court. If § 158(d) is to have effect, Germain contends, then that section must be exclusive within its own[*253] domain, which he defines as the universe of orders issued by district courts sitting pursuant to § 158(a) as courts of appeals in bankruptcy. When a district court enters an order in that capacity, Germain concludes, only § 158(d) can confer jurisdiction, and if it does not, nothing else can. Germain claims to find support for his view in his reading of the legislative history of § 158(d).

Contrary to Germain’s contention, we need not choose between giving effect on the one hand to §1291 and on the other to § 158(d), for the statutes do not pose an either-or proposition. Section 1291 confers jurisdiction over appeals from “final decisions of the district courts” acting in any capacity. Section 158(d), in contrast, confers jurisdiction over appeals from final decisions of the district courts when they act as bankruptcy appellate courts under § 158(a), and also confers jurisdiction over final decisions of the appéllate panels in bankruptcy acting under § 158(b). Sections 1291 and 158(d) do overlap, therefore, but each section confers jurisdiction over cases that the other section does not reach.

Redundancies across statutes are not unusual events in drafting, and so long as there is no “positive repugnancy” between two laws, Wood v. United States, 16 Pet. 342, 363 (1842), a court must give effect to both. Because giving effect to both §§ 1291 and 158(d) would not render one or the other wholly superfluous, we do not have to read § 158(d) as precluding courts of appeals, by negative implication, from exercising jurisdiction under §1291 over district courts sitting in bankruptcy. We similarly do not have to read § 158(d) as precluding jurisdiction under §1292. While courts should disfavor interpretations of statutes that render language superfluous, in this case that canon does not apply.

In any event, canons of construction are no more than rules of thumb that help courts determine the meaning of legislation, and in interpreting a statute a court should always turn first to one, cardinal canon before all others. We have stated time and again that courts must presume that a[*254] legislature says in a statute what it means and means in a statute what it says there. See, e. g., United States v. Ron Pair Enterprises, Inc., 489 U. S. 235, 241-242 (1989); United States v. Goldenberg, 168 U. S. 95, 102-103 (1897); Oneale v. Thornton, 6 Cranch 53, 68 (1810). When the words of a statute are unambiguous, then, this first canon is also the last: “judicial inquiry is complete.” Rubin v. United States, 449 U. S. 424, 430 (1981); see also Ron Pair Enterprises, supra, at 241.

Germain says that legislative history points to a different result. But we think that judicial inquiry into the applicability of § 1292 begins and ends with what § 1292 does say and with what § 158(d) does not. Section 1292 provides for review in the courts of appeals, in certain circumstances, of “[ijnterlocutory orders of the district courts of the United States.” Section 158(d) is silent as to review of interlocutory orders. Nowhere does § 1292 limit review to orders issued by district courts sitting as trial courts in bankruptcy rather than appellate courts, and nowhere else, whether in § 158(d) or any other statute, has Congress indicated that the unadorned words of § 1292 are in some way limited by implication. “It would be dangerous in the extreme to infer . . . that a case for which the words of an instrument expressly provide, shall be exempted from its operation.” Sturges v. Crowninshield, 4 Wheat. 122, 202 (1819); see also Regents of Univ. of Cal. v. Public Employment Relations Bd., 485 U. S. 589, 598 (1988). There is no reason to infer from either § 1292 or § 158(d) that Congress meant to limit appellate review of interlocutory orders in bankruptcy proceedings. So long as a party to a proceeding or case in bankruptcy meets the conditions imposed by § 1292, a court of appeals may rely on that statute as a basis for jurisdiction.

The judgment of the Court of Appeals for the Second Circuit is reversed, and the case is remanded for proceedings consistent with this opinion.

It is so ordered.

That section provides in relevant part:

“(a)... [T]he courts of appeals shall have jurisdiction of appeals from:
“(1) Interlocutory orders of the district courts of the United States ... or of the judges thereof, granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify injunctions, except where a direct review may be had in the Supreme Court;
“(2) Interlocutory orders appointing receivers, or refusing orders to wind up receiverships or to take steps to accomplish the purposes thereof...;
“(3) Interlocutory decrees of such district courts or the judges thereof determining the rights and liabilities of the parties to admiralty cases in which appeals from final decrees are allowed.
“(b) When a district judge, in making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order. The Court of Appeals which would have jurisdiction of an appeal of such action may thereupon, in its discretion, permit an appeal to be taken from such order, if application is made to it within ten days after the entry of the order. ...”

Concurrence

[*255] Justice Stevens,

concurring in the judgment.

Whenever there is some uncertainty about the meaning of a statute, it is prudent to examine its legislative history.[1] In this case, such an examination is appropriate because petitioner’s interpretation of 28 U. S. C. § 158(d) creates an unusual overlap with 28 U. S. C. § 1291.

Rejecting petitioner’s position, the Court of Appeals concluded that in enacting the current system of bankruptcy appeals, Congress limited the scope of § 1292(b), excluding review by the courts of appeals of certain interlocutory bankruptcy orders. If Congress had intended such a significant change in the scheme of appellate jurisdiction, some indication of this purpose would almost certainly have found its way into the legislative history. The legislative record, however, contains no mention of an intent to limit the scope of § 1292(b). This silence tends to support the conclusion that no such change was intended.[2]

Accordingly, notwithstanding the inferences drawn by the Court of Appeals, the legislative history is not only consist[*256] ent with petitioner’s interpretation of the statute, but also actually supports it. For this reason, and because I agree with the Court’s textual analysis, I concur in its judgment.

1

See Wisconsin Public Intervenor v. Mortier 501 U. S. 597, 611, n. 4 (1991) (“[Clommon sense suggests that inquiry benefits from reviewing additional information rather than ignoring it”). As Judge Learned Hand advised, statutes “should be construed, not as theorems of Euclid, but with some imagination of the purposes which lie behind them.” Lehigh Valley Coal Co. v. Yensavage, 218 F. 547, 553 (CA2 1914), cert. denied, 235 U. S. 705 (1915). Legislative history helps to illuminate those purposes.

2

See American Hospital Assn. v. NLRB, 499 U. S. 606, 613-614 (1991); Edmonds v. Compagnie Generate Transatlantique, 443 U. S. 256, 266-267 (1979); see also Harrison v. PPG Industries, Inc., 446 U. S. 578, 602 (1980) (Rehnquist, J., dissenting) (“In a case where the construction of legislative language such as this makes so sweeping and so relatively unorthodox a change as that made here, I think judges as well as detectives may take into consideration the fact that a watchdog did not bark in the night”). Similarly, Justice Frankfurter’s scholarly observation concerning the interpretation of a statutory text also applies to the analysis of legislative history: “One must... listen attentively to what it does not say.” Frankfurter, Some Reflections on the Reading of Statutes, 47 Colum. L. Rev. 527, 536 (1947).

Concurrence

Justice O’Connor,

with whom Justice White and Justice Blackmun join, concurring in the judgment.

I agree that when Congress enacted 28 U. S. C. § 158(d) as part of the Bankruptcy Amendments and Federal Judgeship Act of 1984, Congress probably did not intend to deprive the courts of appeals of their longstanding jurisdiction over interlocutory appeals in bankruptcy cases. But I think we should admit that this construction of the statutes does render § 158(d) largely superfluous, and that we do strive to interpret statutes so as to avoid redundancy. Cf. ante, at 253-254. In this case, I think it far more likely that Congress inadvertently created a redundancy than that Congress intended to withdraw appellate jurisdiction over interlocutory bankruptcy appeals by the roundabout method of reconfer-ring jurisdiction over appeals from final bankruptcy orders. I would reverse the judgment below only for this reason.