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49) Second, Justice Scalia suggested that the principle is unsound because, "[w]hile communis error facit jus [common error makes law] may be a sadly accurate description of reality, it is not the normative basis of this Court's jurisprudence.
Although Justice Scalia would no doubt view the case as an example of communis error facit jus, Chief Justice Marshall felt constrained to give the statute its commonly accepted meaning despite the written text.
This is not surprising, as one of the early maxims of the law is "In communis error facit jus.