Outsourcing Interpretation: Justice Alito’s Trump v. Illinois Dissent

Document Type

Blog Post

Publication Date

1-9-2026

Publisher

Yale Journal on Regulation and ABA Section of Administrative Law & Regulatory Practice

Language

en-US

Abstract

When a court seeks the “single, best meaning” of a statute, should it limit itself to considering the interpretations that parties to the litigation choose to offer? That approach would seem to outsource legal interpretation to private parties. But Justice Alito’s dissent in Trump v. Illinois suggests that that’s the way it should work.

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