Summary

Deal v. Cincinnati Board of Education…

Yet I can see no reason why mailing or other transmission to this Court shall not be construed as an application for relief within the meaning of the time provisions of § 2101 (c) . When two potential interpretations of a statute are possible, we should not adopt a technical rule, much like common-law pleading, solely to defeat claims.
Source: Wikisource

Deal v. Cincinnati Board of Education…

Naturally, past inconsistencies are no justification for overturning a congressional bar if one exists. But one does not exist in this case. The statute states a petition 'for review shall be taken or applied for' within certain specified times. That phrase is not free from ambiguity. What constitutes applying for review? A majority of the Court apparently feel it is receipt of the petition for certiorari by the Clerk's Office. Teague, supra.
Source: Wikisource

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