FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd. · ¶107

In his now-famous dissent in Cannon v. University of Chi cago, 441 U. S. 677 (1979), Justice Powell admonished the Court for abandoning “the intent of Congress” and “substitut[ing] its own views as to the desirability of private enforcement.” Id., at 740. So it is here. The Court today turns a deaf ear to the unified call of text, statutory structure, and history, and substitutes its own views as to the undesirability of private enforcement. Justice Powell’s warning remains unheeded, to the detriment of Congress and the private parties it sought to empower.

slip opinion
Source edition
Passage preview. Read in context for the complete text, notes and references.