FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd. · ¶69

The majority is quick to emphasize that Congress removed key language from Section 47(b)—i.e., the words “shall be void”—and infers from this that the amendment was meant to excise the private right of action TAMA had recognized. See ante, at 9–10. But our analysis in TAMA did not rely exclusively on those specific words. Moreover, the majority’s focus on what Congress took out of the statute diverts attention from what matters just as much (if not more) for the interpretive exercise here: the language Congress added. The words Congress inserted into Section 47(b)—“a court may not deny rescission at the instance of any party”—more than make up for the ones that it removed.

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