10th Circ. Engages Superstorm Scalia With New 'Monsoon'

By Timothy Work (February 12, 2019, 3:40 PM EST) -- Among the jurisprudential legacies of the late Justice Antonin Scalia is his commitment to strict construction and disdain for legislative history. With U.S. Securities and Exchange Commission v. Scoville,[1] a panel of the U.S. Court of Appeals for the Tenth Circuit has issued a securities law opinion grounded in nontextual interpretation, and reaches a conclusion the court acknowledges could fairly be viewed as inconsistent with the statutory text being examined.[2]...

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