Burrage v. United States
Annotate this Case
571 US ___ (2014)
SUPREME COURT OF THE UNITED STATES
MARCUS ANDREW BURRAGE, PETITIONER v.UNITED STATES
on writ of certiorari to the united states court of appeals for the eighth circuit
[January 27, 2014]
Justice Ginsburg, with whom Justice Sotomayor joins, concurring in the judgment.
For reasons explained in my dissenting opinion in University of Tex. Southwestern Medical Center v. Nassar, 570 U. S. ___, ___ (2013), I do not read “because of” in the context of antidiscrimination laws to mean “solely because of.” See id., at ___–___, ___–___ (slip op., at 20–21, 23–24). And I do not agree that words “appear[ing] in two or more legal rules, and so in connection with more than one purpose, ha[ve] and should have precisely the same scope in all of them.” Cook, “Substance” and “Procedure” in the Conflict of Laws, 42 Yale L. J. 333, 337 (1933). But I do agree that “in the interpretation of a criminal statute subject to the rule of lenity,” where there is room for debate, one should not choose the construction “that disfavors the defendant.” Ante, at 12. Accordingly, I join the Court’s judgment.