Theodore Hayes v. Philip Harvey (2018)

Citation: Theodore Hayes v. Philip Harvey (2018)
Parent Document: Theodore Hayes v. Philip Harvey (2018)
Jurisdiction: United States (federal)
Effective Date: 2018-08-31
Original Source: https://www.courtlistener.com/opinion/4532088/theodore-hayes-v-philip-harvey/ ↗

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          Nor does this merely “reflect the baseline conditions
of landlord-tenant relations.” Maj. Op. at 17–18. It not only
protects against an early termination following an opt-out, but
it also explicitly provides eligible enhanced-voucher tenants
with a guarantee that HUD will provide them with an enhanced
voucher. The majority finds my reading “implausible” because
the 1999 version of the statute contained a similar provision.
But in its single-minded quest to give the 2000 amendment
“independent meaning,” the majority ignores everything
else—the plain language of the text, the context in which the
language is used, the broader context of the overall statute, and
the fact that Congress does not alter fundamental details of a
regulatory scheme in vague terms. Indeed, had Congress meant
to radically alter property rights in the way my colleagues do
today, it would have done so clearly. What is “implausible,”
then, is the inferential leap the majority must take to arrive at
its conclusion.

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