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SEC Case Exposes Justices' Rift Over 'Legislative History'

Law360, Washington (February 22, 2018, 8:51 PM EST) -- The Supreme Court’s long-running tensions over the use of legislative history as a way to interpret law broke out into public view Wednesday in a case over the Dodd-Frank Act’s whistleblower provisions, as Justices Sonia Sotomayor and Clarence Thomas clashed over the value of a Senate report.

Justice Ruth Bader Ginsburg appears to have set off the back-and-forth in her majority opinion in Digital Realty Trust Inc. v. Somers, when she relied on a Senate committee report as support for the position that Dodd-Frank only provides...
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