FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd. · ¶105

The majority’s failure—or refusal—to accept this might stem from what commentators have called a prevailing “academic contempt for Congress.” V. Nourse, A Decision Theory of Statutory Interpretation: Legislative History by the Rules, 122 Yale L. J. 70, 142 (2012). Academics may think what they wish of Congress; this Court’s jurisprudence ought not be grounded in such contempt. For an institution that purports to “follow the law as written by Congress,” Leal Garcia v. Texas, 564 U. S. 940, 942 (2011) (per curiam), it is strange, to say the least, that we give “scant consideration” to “how Congress actually functions.” Katzmann 8. The Court should at least endeavor to understand and accurately assess the legislative process from which Section 47(b) arises—so as to better “separate the useful from the misleading,” Gluck & Bressman, 65 Stan. L. Rev., at 989— before discarding “the views of…

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