In The
Supreme Court of the United States

Athertonv.Federal Deposit Insurance Corporation

Decided January 14, 1997
Justice O’Connor, Concurrence

CASE DETAILS

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

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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.