From the Hill

Correcting Technical Errors in Legislation or Should Congress be Estopped from a Fast Track Fix to the Screw Up in Post-Grant Review Estoppel?

Hayden W. Gregory

©2015. Published in Landslide, Vol. 7, No. 3, January/February 2015, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

The enactment of major legislation with numerous and complex provisions is frequently followed shortly thereafter by the enactment of a technical corrections bill. As the name indicates, these bills are designed to correct unintended technical errors in the earlier enactment, such as errors in spelling, formatting, citation, and necessary conforming changes in other statutes. It is understood in Congress that such a bill should include only purely technical changes and that it should not serve as a vehicle for members or stakeholders who lost on substantive issues to have a second bite at the apple. It is equally understood that members and stakeholders who lost on substantive issues will attempt to grab on to the technical correction bill to get a second bite at the apple.

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