The Fair Credit Reporting Act requires such "persons" governed by the law to investigate disputes about the accuracy of credit information given to reporting agencies. Kavanaugh noted that an analysis done at the time by the Congressional Budget Office - a non-partisan agency that forecasts the cost of legislation - did not contain an estimate of litigation costs that would follow if sovereign immunity were waived. that Congress knew what it was doing when it amended the act, but I don't think it realized that it was imposing this liability," conservative Justice Brett Kavanaugh told Joshi. Other justices suggested that a waiver of the government's sovereign immunity must be spelled out more explicitly by Congress, with some appearing skeptical that lawmakers had intended to take that step. "Then you go to the definition section, and then you discover that what Congress has done is authorize a suit against natural persons, enterprises and governments." "The necessary logical implication of what Congress has done is authorize a suit against people, persons, as defined in the definition section," Kagan said. Liberal Justice Elena Kagan suggested the case could be resolved in Kirtz's favor by applying "statutory interpretation 101."
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