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Russello presumption

Definition

A canon of statutory interpretation holding that when Congress uses different language in different parts of the same statute, it is presumed to have done so intentionally and to have meant different things. Named after the 1983 Supreme Court case Russello v. United States.

Examples

  • The government invoked this presumption to argue that Congress's use of 'application under Section 2254' in (b)(1) but broader language in (b)(3) was deliberate and meaningful.

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