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/ ↗

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does, however, and its analysis reflects some of the common
pitfalls associated with such an undertaking. I examine the
legislative history to highlight those errors, and to show that
the history is not only consonant with our interpretation of the
statute—it compels it.
        Legislative history can sometimes be a useful tool, but
it must be deployed with care. Compare Digital Realty Tr., Inc.
v. Somers, 138 S. Ct. 767, 783 (2018) (Thomas, J., concurring
in part and concurring in the judgment) (noting that the Court’s
attempt to derive a supposed “purpose” from a single Senate
Report is flawed, because “[e]ven assuming a majority of
Congress read the Senate Report” and “agreed with it,” we
must still look at what was actually enacted because “we are a
government of laws, not of men”), with id. at 782–83
(Sotomayor, J., concurring) (noting that legislative history can
“aid us in our understanding of a law” and that “even when . .
. a statute’s meaning can clearly be discerned from its text,
consulting reliable legislative history can still be useful, as it
enables us to corroborate and fortify our understanding of the
text”).
        The point of contention here is the same as in Digital
Realty Trust: selective quotation of a limited number of
legislative reports to divine Congressional intent, while
ignoring more compelling evidence. See Maj. Op. at 23 (citing
S. Rep. No. 106-161 (1999), and H.R. Rep. No. 106-521
(2000)). In focusing on these reports, the majority overlooks
the overall purpose behind the enhanced voucher provision,
and the means by which Congress sought to achieve that
purpose. A proper analysis of the statutory history reveals two
key points: first, that the enhanced voucher provisions are

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