A unanimous Supreme Court struck a blow for the plain reading of the law on Wednesday, but a pair of dueling concurrences deserve broader attention for what they say about the different methods of legal interpretation on the High Court today.
Justice Ruth Bader Ginsburg wrote for the full Court in rebuking the Securities and Exchange Commission for reinterpreting the Dodd-Frank Act despite the clear text of the statute (Digital Realty Trust v. Somers ). Paul Somers sued Digital Realty Trust , claiming protection as a whistleblower for filing a complaint about a securities violation. He might have sued under the 2002 Sarbanes-Oxley law that protects whistleblowers if they file complaints with the Labor Department within 180 days.
But instead he sued in federal court under Dodd-Frank, which lets whistleblowers who are retaliated against sue and receive double back pay. The problem is that Dodd-Frank defines a whistleblower as someone who provides information about a securities violation to the SEC. Mr. Somers didn’t do that, but the SEC claimed that didn’t matter because Congress intended the law to protect people like Mr. Somers no matter the law’s text.
Citing precedent, Justice Ginsburg rightly wrote that “‘When a statute includes an explicit definition, we must follow that definition,’ even if it varies from a term’s ordinary meaning. This principle resolves the question before us.” She then went on an extended and needless tour of congressional intent that may invite legal mischief down the road.