FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd. · ¶96

This means that those who find it inappropriate for courts to use legislative history must grapple with the potential consequences of the resulting void. What interest does it really serve to blind ourselves to the congressional record when we interpret Congress’s handiwork? Who benefits from that? “Why, of all the many tools judges use to help interpret unclear statutory language (context, tradition, custom, precedent, dictionary meanings, administrability, and so on), should they not use this one?” Breyer, 65 S. Cal. L. Rev., at 861 (emphasis added).

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