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Include / Including

Abusing “includes” and “including”

The words “includes” and “including” are chronically abused to:

Authority:

“When a statute includes an explicit definition, we must follow that definition, even if it varies from that term’s ordinary meaning.”Meese v. Keene, 481 U.S. 465, 484-485 (1987) “It is axiomatic that the statutory definition of the term excludes unstated meanings of that term”;Colautii v. Frankin, 49 U.S. at 392-9, n. 10 (“As a rule, a definition which declares what a term “means”…excludes any meaning that is not stated”);Western Union Telegraph Co. v. Lenroot, 323 U.S. 490, 502 (1945); Fox v. Standard Oil Co. of N.J., 294 U.S. 87, 95-96 (1935) (Cardozo, J.); see also 1A N. Singer, Sutherland on Statutes and Statutory Construction 47.07, p. 152, and n. 10 (5th ed. 1992) (collecting cases). That is to say, the statute, read “as a whole,” post 998 [530 U.S. 943] (THOMAS, J. dissenting), leads the reader to a definition. That definition does not include the Attorney General’s restriction – “the child up to the head.” Its words, “substantial portion,” indicate the contrary.”

Stenberg v. Carhart, 530 U.S. 914 (2000)