The Sidebar: Supreme Court of the United States

Feliciano v. Department of Transportation, No. 23-861 [Arg: 12.9.2024]


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The Supreme Court case, Feliciano v. Department of Transportation. This concerns the interpretation of a statute determining differential pay for reservists called to active duty during a national emergency. The petitioner argues that "during" implies a purely temporal connection, while the respondent contends it requires a substantive connection to the emergency. The justices explore the legislative history, considering the practical implications for both government agencies and private employers. Disputes arise over the meaning of "contingency operation" and the reliability of Congressional Budget Office cost estimates. Ultimately, the Court grapples with the proper balance between a benefits-friendly interpretation and the potential for unintended consequences.

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The Sidebar: Supreme Court of the United StatesBy Better Informed Network