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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Section 8

Citation
Section 8
Parent Document
Theodore Hayes v. Philip Harvey, 874 F.3d 98 (2017)
Effective Date
2017-10-18

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Full Text

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The structure of the paragraph underscores why the majority’s empty reading of the “may elect to remain” language cannot be right. We must give effect to each piece of the statute, “so that no part will be inoperative or superfluous, void or insignificant.” Corley v. United States, 556 U.S. 303, 314, 129 S.Ct. 1558, 173 L.Ed.2d 443 (2009). There are two independent provisions in paragraph (B) of the enhanced voucher statute—the right to remain and the payment standard—and the majority gives effect to only one.