Justice Sotomayor looks at ‘statutory history,’ not ‘legislative history’

The other morning, while listening to the oral argument in Patchak v. Zinke, I was struck with the sense of deja vu. “I look at statutory history,” announced Justice Sonia Sotomayor in the midst of a lengthy question to one of the attorneys. Hadn’t I heard this before? I hopped on Westlaw and, sure enough, Sotomayor said much the same thing a […]