The Polymorphic Principle

Can a single term in a single statutory provision ever have different meanings in different cases? In Clark v. Martinez, 125 S. Ct. 716 (2005), the Supreme Court said that that could never happen -- that such an interpretive approach would be “novel” and “dangerous.” The Court is wrong on both counts.

Numerous cases, this article shows, have applied the “polymorphic principle” that a single phrase in a single statutory provision may have multiple meanings. Not only is the practice not dangerous, it fits well with standard interpretive principles. Martinez, the article suggests, represents a part of Justice Scalia's long-term campaign to limit judicial choice. The article attempts to show that a mechanical view of the judicial role is inappropriate. Courts should continue to exercise their appropriate role of making judicious choices in statutory interpretation, a role that will involve continued use of the polymorphic principle in appropriate cases.


The Polymorphic Principle and the Judicial Role in Statutory Interpretation
84 Tex. L. Rev. 339 (2005)

Abstract
	Can a single term in a single statutory provision ever have different meanings in different cases? In Clark v. Martinez, 125 S. Ct. 716 (2005), the Supreme Court said that that could never happen -- that such an interpretive approach would be “novel” and “dangerous.” The Court is wrong on both counts. Numerous cases, this article shows, have applied the “polymorphic principle” that a single phrase in a single statutory provision may have multiple meanings. Not only is the practice not dangerous, it fits well with standard interpretive principles. Martinez, the article suggests, represents a part of Justice Scalia's long-term campaign to limit judicial choice. The article attempts to show that a mechanical view of the judicial role is inappropriate. Courts should continue to exercise their appropriate role of making judicious choices in statutory interpretation, a role that will involve continued use of the polymorphic principle in appropriate cases.