NON OBS

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Related to non obstante: Non obstante veredicto
AcronymDefinition
NON OBSNon Obstante (Latin: notwithstanding)
References in periodicals archive ?
Part III then explores the analogy of the preemptive effect of federal law, under the Supremacy Clause, to statutory non obstante clauses and argues that the analogy is not a sound basis on which to erect preemption doctrine.
Justice Sotomayor concluded her dissent by dismissing the plurality's position on the non obstante provision, arguing that precedent held the opposite.
at 237-244 for a more in depth discussion of how a non obstante clause effects statutory interpretation.
Professor Nelson starts with the claim that there was a general presumption at the time of the nation's founding against finding that one statute impliedly repealed another, unless the later statute also included a non obstante clause--a clause directing courts not to apply that general presumption against implied repeals.
First, a strict textualist would note that the Supremacy Clause's final words, which Professor Nelson contends serve as a non obstante clause, are directed only to the "Judges in every State"; unless that phrase is read to embrace federal judges "in" a state, the clause would not apply to the federal courts.