FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd. · ¶45

I agree with the Court that “Congress, not the Judiciary, decides who may enforce the law.” Ante, at 1. It is for that very reason that I think courts should consult all reliable indicia of Congress’s intent when interpreting its statutes. Had the Court done so here, it would have acknowledged that Congress amended Section 47(b) of the Investment Company Act in reliance on a prior decision of ours that had interpreted the original text to contain an implied private right of action for rescission. It would also have wrestled with legislative Committee Reports that unequivocally expressed Congress’s “wish” that the statute continue to be interpreted to allow private suits, notwithstanding this Court’s increasing penchant for refusing to recognize implied rights of action.

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