The 11th Circuit panel majority did cite a Senate colloquy in its decision, but I don’t think that this demonstrates that the decision was based upon an inappropriate use of legislative history, nor do I think the colloquy was necessary to support the decision. As the court noted, Congress knew how to require a stay — indeed a prior draft of the legislation included language that would have required a stay — but such language was not in the final statute. Quoting one, ten or twenty legislators doesn’t change this fact. The 11th Circuit panel was required to review the district court’s decision for abuse of discretion — a very demanding standard — and the majority properly exercised that obligation. This does not mean there was no injustice in the Flroida courts, only that there was not a federal constitutional violation.
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About the Author
Jonathan H. Adler is a professor at William & Mary Law School.
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