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Extraction Summary

6
People
10
Organizations
2
Locations
2
Events
0
Relationships
3
Quotes

Document Information

Type: Legal brief / court filing (appellate)
File Size: 653 KB
Summary

This document is page 55 (PDF page 70) of a legal brief filed on February 28, 2023, in Case 22-1426. The text presents a legal argument regarding the 'Landgraf test' and statutory interpretation, specifically arguing that the Child Abduction Prevention Act of 2003 (H.R. 1104) was not intended to apply retroactively because Congress explicitly rejected a proviso that would have allowed it to cover conduct predating the enactment. The page relies on various Supreme Court and Circuit Court citations to support the argument that rejected legislative proposals are significant indicators of congressional intent.

People (6)

Name Role Context
Martin Litigant
Party in cited case Martin v. Hadix
Hadix Litigant
Party in cited case Martin v. Hadix
Lattab Litigant
Party in cited case Lattab v. Ashcroft
Ashcroft Litigant
Party in cited case Lattab v. Ashcroft
Napolitano Litigant
Party in cited case United States v. Napolitano
Lawson Litigant
Party in cited case United States v. Lawson

Organizations (10)

Name Type Context
Congress
Considered and rejected retroactivity clause in 2003
House of Representatives
House version of the bill included a proviso
Senate
Conferenced with House to reject retroactivity
Food & Drug Administration
Party in cited case
Brown & Williamson Tobacco Corp.
Party in cited case
Bureau of Alcohol, Tobacco & Firearms
Party in cited case
Fed. Labor Relations Auth.
Party in cited case
Hudson Valley Black Press
Party in cited case
I.R.S.
Party in cited case
Department of Justice (DOJ)
Source of document (via Bates stamp DOJ-OGR)

Timeline (2 events)

2003
Passage and amendment of the Child Abduction Prevention Act
Washington D.C.
2023-02-28
Filing of Document 59 in Case 22-1426
Court

Locations (2)

Location Context
Court of Appeals cited multiple times
Court of Appeals cited

Key Quotes (3)

"The legislative history of 2003’s amendment makes it abundantly clear that Congress considered—and rejected—a retroactivity clause that would have expressly allowed § 3283’s lifetime limitations period to attach to conduct predating its enactment."
Source
DOJ-OGR-00021117.jpg
Quote #1
"The amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section."
Source
DOJ-OGR-00021117.jpg
Quote #2
"Courts give great weight to Congress’ consideration and rejection of a legislative proposal in interpreting federal statutes"
Source
DOJ-OGR-00021117.jpg
Quote #3

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