Not uncommon for an S of L to begin to run from the point that the aggrieved party becomes aware of the violation, not the date the violation first occurred. Also there is the concept of the continuing offense, where the S of L runs from the date of the most recent incident constituting a violation. I haven’t read Justice Ginsberg’s opinion, so I do not know whether these legal concepts played a part in her dissent.
These are rules of legal construction. Check out the decision of DC v. Heller (the 2nd Amdt. case). Lots of rules of construction discussed, both ways. Did Justice Scalia show empathy for gun owners?
Not uncommon for an S of L to begin to run from the point that the aggrieved party becomes aware of the violation, not the date the violation first occurred. Also there is the concept of the continuing offense, where the S of L runs from the date of the most recent incident constituting a violation. I haven’t read Justice Ginsberg’s opinion, so I do not know whether these legal concepts played a part in her dissent.
These are rules of legal construction. Check out the decision of DC v. Heller (the 2nd Amdt. case). Lots of rules of construction discussed, both ways. Did Justice Scalia show empathy for gun owners?