Theodore Hayes v. Philip Harvey, 903 F.3d 32 (2018)

Citation: Theodore Hayes v. Philip Harvey, 903 F.3d 32 (2018)
Parent Document: Theodore Hayes v. Philip Harvey, 903 F.3d 32 (2018)
Jurisdiction: United States (federal)
Effective Date: 2018-08-31
Original Source: https://www.courtlistener.com/opinion/4531965/theodore-hayes-v-philip-harvey/ ↗

Full Text

835 chars

15
intended to “clarif[y] the intent” of the enhanced voucher
provision).
        This reveals another major flaw in the majority’s
reasoning. Clarify, after all, means “to make understandable,”
or “to free of confusion.” Clarify, Merriam-Webster
Dictionary,                               https://www.merriam-
webster.com/dictionary/clarify (last visited July 25, 2018).
Thus, according to the legislative history the majority relies on,
the purpose of the 2000 amendment was simply to make the
1999 version “understandable”—not to substantively change
it. 8 Undoubtedly, the creation of an entirely novel, judicially
enforceable “right to remain,” which radically alters property
rights, is a substantive change. Deriving this right entirely from
the 2000 amendment, as the majority does, cannot be correct. III. Other considerations

Other Sections in This Document (144)

Full Text