[2006alum]

Funny, my understanding is that judicial overreach occurs when a judge avoids the plain text of the statute and instead decrees for himself what he thinks the statute is "really about." having read this case closely, distribution does seem sufficiently different from preparation that the last word in the list doesn't seem like the others. I can see arguments in the other direction, but I don't see this as a particularly clear case of judicial overreach. But what do I know?

[2006alum]

Funny, my understanding is that judicial overreach occurs when a judge avoids the plain text of the statute and instead decrees for himself what he thinks the statute is "really about." having read this case closely, distribution does seem sufficiently different from preparation that the last word in the list doesn't seem like the others. I can see arguments in the other direction, but I don't see this as a particularly clear case of judicial overreach. But what do I know?