Cheney Railroad Company, Inc. v. Interstate Commerce Commission

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that the omission of a legislative provision that “dropped out, without explanation, in the final version” of a bill had no interpretive value
• noting that expressio unius is “an especially feeble helper in an administrative setting, where Congress is presumed to have left to reasonable agency discretion questions that it has not directly resolved”
• stating that expressio unius is \an especially feeble helper in an administrative setting\ and that such reasoning \can rarely if ever\ demonstrate unambiguity so as to prevent deference to an agency’s interpretation
• calling expressio unius “an especially feeble helper in an administrative setting”
• “[I]n an administrative setting … Congress is presumed to have left to reasonable agency discretion questions that it has not directly resolved.”
• reviewing misapplications of the maxim

Source: CourtListener parenthetical corpus (CC0).