Resolving Ambiguity: The Continued Relevance of Legislative History in an Era of Textualism
John Cannan, Resolving Ambiguity: The Continued Relevance of Legislative History in an Era of Textualism (Drexel University Thomas R. Kline School of Law Research Paper No. 2019-W-01, February 8, 2019), https://ssrn.com/abstract=3331342.
In this article, the author argues Justice Kavanaugh made the right decision in the Allina Health Servs. v. Price, 863 F.3d 937 (D.C. Cir. 2017). The author indicates that this decision was correct based on subjective textualism. The author argues that legislative history should continue to be used in order to get to statutory meaning.