The Continued Relevance of Legislative History in an Era of Textualism

Resolving Ambiguity: The Continued Relevance of Legislative History in an Era of Textualism (Feb. 11, 2019) by John Cannan “argues that Judge Brett Kavanaugh’s decision in Allina Health Servs. v. Price, 863 F.3d 937 (D.C. Cir. 2017), currently before the U.S. Supreme Court, was the correct one, but only by chance. Kavanagh based his ruling on subjective textualism. Congress’ true intent for the provision at issue, 42 U.S.C. 1395hh(a)(2), can be found in legislative history that has gone largely overlooked. This paper examines this history and shows how legislative history, in general, should, at the very least, continue to be persuasive evidence of statutory meaning.”

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