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Expert Analysis

The Immodest Textualism Of Justices' Retirement Tax Opinion

By Christopher Collier and Michael Arndt  (March 15, 2019, 3:25 PM EDT) -- On March 4, in BNSF Railway v. Loos,[1] the U.S. Supreme Court resolved a circuit split about whether time lost from work because of a personal injury qualifies as "compensation" under the Railroad Retirement Tax Act. By answering yes, the court enables railroad employers to deduct railroad retirement taxes from the lost wages portion of personal injury awards and settlements with their employees. The opinion is unsatisfying, not because it is bad or wrong so much as it is analytically immodest....

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