In The

Supreme Court of the United States




Decided January 14, 1997

Justice O’Connor, Concurring

Topic: Economic Activity*Court vote: 9–0
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Joining O'Connor opinion: Justice SCALIA Justice SCALIA Justice THOMAS Justice THOMAS
Citation: 519 U.S. 213 Docket: 95–928Audio: Listen to this case's oral arguments at Oyez

* As categorized by the Washington University Law Supreme Court Database

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JUSTICE O'CONNOR, with whom JUSTICE SCALIA and JUSTICE THOMAS join, concurring in part and concurring in the judgment.

I join all of the Court's opinion, except to the extent that it relies on the notably unhelpful legislative history to 12 U. S. C. § 1821(k). Ante, at 228-230. As the Court cor rectly points out, the most natural reading of the saving clause in § 1821(k) covers both state and federal rights. Ante, at 228. With such plain statutory language in hand, there is no reason to rely on legislative history that is, as the majority recognizes, "not all on one side." Ante, at 229.

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