Very shortly after "Cannon" was decided, the Court adopted what legal scholars have called a new approach to the issue in "Touche Ross & Co. v. Redington" (1979). At issue was an implied right under another section of the Securities Exchange Act of 1934, and the Court said that the first three factors mentioned in "Cort v. Ash" were simply meant to be "relied upon in determining legislative intent." "The ultimate question," the Court concluded, "is one of legislative intent, not one of whether this Court thinks that it can improve upon the statutory scheme that Congress enacted into law." Justice Scalia and Justice O'Connor have stated that they believe "Touche Ross" effectively overruled the older "Cort v. Ash" test.