Middleton v. Luckenbach S. S. Co.

How courts have described this case

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

• holding that “narrow and discriminate construction of the key terms of the legislation serves to overcome its major overbreadth objections” and is done “to salvage the Legislature’s own product”
• recognizing that a slight private interest is sufficient to provide standing when there is a strong public interest in an issue
• noting that “[i]n appropriate cases, a court has the power to engage in ‘judicial surgery’ or the narrow construction of a statute to free it from constitutional doubt or defect”
• explaining that “[i]n appropriate cases, a court has the power to engage in ‘judicial surgery’ ... to free [statute] from constitutional doubt or defect”
• noting that even when broad rulemaking authority is granted, agency may not promulgate regulations that alter or frustrate terms or policy embodied in statute
• noting that “[i]n appropriate cases, a court has the power to engage in ‘judicial surgery5 or the narrow construction of a statute to free it from constitutional doubt or defect”

Source: CourtListener parenthetical corpus (CC0).