In The
Supreme Court of the United States
ATHERTON
v.
FEDERAL DEPOSIT INSURANCE CORPORATION
Decided January 14, 1997
Justice O’Connor, Concurring
| Topic: Economic Activity* | Court vote: 9–0 | |
Click any Justice for detail Joining O'Connor opinion:  Justice SCALIA  Justice THOMAS | ||
| Citation: 519 U.S. 213 | Docket: 95–928 | Audio: Listen to this case's oral arguments at Oyez |
* As categorized by the Washington University Law Supreme Court Database
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Opinion
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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