District of Columbia v. Washington Home Ownership Council, Inc.

with whom NEWMAN, Chief Judge and PRYOR, Associate Judge, join:

The language of the Home Rule Act relating to the issue of successive emergency enactments is ambiguous. The legislative history is both meager and inconclusive. Nevertheless, based on this paucity of congressional direction, the majority has construed the Act as a very restrictive grant of legislative power. I submit such a narrow interpretation should only be made when the legislative history compels the conclusion that this was the explicit intent of Congress.

We are concerned here with the statutory construction of a small but…