FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd. · ¶97

There is no flattering or straightforward answer to such questions. That is probably why, for the better part of the 20th century—including after the Court “swor[e] off the habit of venturing beyond Congress’s intent” in 1975, see Sandoval, 532 U. S., at 287 (citing Cort v. Ash, 422 U. S. 66, 78 (1975))—courts consulted the legislative history when called upon to determine Congress’s intent to authorize a private right of action. See Northwest Airlines, Inc. v. Transport Workers, 451 U. S. 77, 91 (1981) (listing, as the relevant considerations in determining “whether Congress intended to create” an implied private right of action, “the language of the statute itself, its legislative history, the underlying purpose and structure of the statutory scheme, and the likelihood that Congress intended to supersede or to supplement existing state remedies”). By my count, the Court relied on…

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