RELEASE: In a Win for Honest Textualism, Court Unanimously Declares the Federal Government Subject to Suit Under the Fair Credit Reporting Act
WASHINGTON, DC – Following the Supreme Court’s announcement of its decision in United States Department of Agriculture Rural Development Rural Housing Service v. Kirtz, Constitutional Accountability Center Appellate Counsel Miriam Becker-Cohen issued the following reaction:
Today, the Supreme Court unanimously held that the federal government is subject to suit under the FCRA. Echoing our brief, Justice Gorsuch wrote that the text of the statute clearly waives the United States’ sovereign immunity, and that “no amount of legislative history” could “dislodge” that clear waiver.
In recognition of the strong separation of powers principles that counsel in favor of respecting a textual waiver of immunity—principles we discussed extensively in our amicus brief filed in this case—the Court refused to grapple with the United States’ policy arguments against a waiver, declaring that “Congress’s judgment commands our respect.”
We are pleased with this decision that will allow consumers to sue one of the nation’s largest credit reporters whenever it willfully or negligently supplies false information about them to credit reporting agencies.
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Resources:
Case page in United States Department of Agriculture Rural Development Rural Housing Service v. Kirtz: https://www.theusconstitution.org/litigation/united-states-department-of-agriculture-rural-development-rural-housing-service-v-kirtz/
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Constitutional Accountability Center is a nonpartisan think tank and public interest law firm dedicated to fulfilling the progressive promise of the Constitution’s text, history, and values. Visit CAC’s website at www.theusconstitution.org.
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