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Clear statement rule

Definition

A principle of statutory interpretation requiring that Congress speak clearly and unambiguously when it intends to take certain significant actions, such as creating a new private right of action. The rule places the burden on those claiming Congress acted to show unmistakable statutory language.

Examples

  • Petitioners argue Sandoval and Gonzaga require a clear statement from Congress before courts can recognize an implied cause of action, and Section 47(b) falls short.

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