Concurrence (SOTOMAYOR)
Contents
?576 U.?S. ____ (2015)
No. 14-103
BAKER BOTTS L.L.P. ET?AL., PETITIONERS v. ASARCO LLC
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
[June 15, 2015]
?JUSTICE SOTOMAYOR, concurring in part and concurring in the judgment.
As the Court’s opinion explains, there is no textual, contextual, or other support for reading 11 U.?S.?C. ?330(a)(1) in the way advocated by petitioners and the United States. Given the clarity of the statutory language, it would be improper to allow policy considerations to undermine the American Rule in this case. On that understanding, I join all but Part III-B-2 of the Court’s opinion.