What is the test for determining whether there is a "clearly expressed legislative intention" contrary to plain language or otherwise?
MultiRegion, United States of America
The following excerpt is from Haitian Centers Council, Inc. v. McNary, 969 F.2d 1350 (2nd Cir. 1992):
Even if the plain language did unambiguously support plaintiffs' position I would find that "there is a "clearly expressed legislative intention' contrary to that [plain] language." United States v. James, 478 U.S. 597, 606, 106 S.Ct. 3116, 3122, 92 L.Ed.2d 483 (1986). Under either rationale, I believe that examination of the legislative history is necessary. I turn now to that task.
B. The legislative history clarifies the word "return".
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