FCC v. NextWave Personal Communications Inc., 537 U.S. 293, 22 (2003)

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314

FCC v. NEXTWAVE PERSONAL COMMUNICATIONS INC.

Breyer, J., dissenting

ruptcy debtor, having been a bankruptcy debtor, or having become insolvent before or during a bankruptcy case. See Appendix, infra.

The statute's history demonstrates an antidiscriminatory objective. House and Senate Reports describe the relevant section, § 525(a), as "the anti-discrimination provision." S. Rep. No. 95-989, p. 81 (1978) (hereinafter S. Rep.); H. R. Rep. No. 95-595, p. 367 (1977) (hereinafter H. R. Rep.). The House Report says that its "purpose . . . is to prevent an automatic reaction against an individual for availing himself of the protection of the bankruptcy laws." Id., at 165. In describing related provisions, the House Report refers to an intent to prevent the Government from punishing "bankruptcy per se" by denying "a license, grant, or entitlement" on the premise "that bankruptcy itself is sufficiently repre[h]ensible behavior to warrant . . . a sanction." Id., at 286. It adds that the overriding goal was "to eliminate any special treatment of bankruptcy" in laws of the United States. Id., at 285.

In addition, the House and Senate Reports describe § 525(a) as an effort to codify this Court's holding in Perez v. Campbell, 402 U. S. 637 (1971). S. Rep., at 81; H. R. Rep., at 165, 366. The Court there held that the federal Bankruptcy Act pre-empted a state statute that suspended the driver's license of any person who had not paid a motor accident judgment (explicitly including a judgment discharged by bankruptcy). 402 U. S., at 652. The Court rested its holding on the theory that the state statute's failure to exempt discharged debts "frustrate[d] the full effectiveness" of the Bankruptcy Act's promise of a "fresh start." Ibid.

Further, the House Report, along with House floor statements, assured the enacting Congress that the statute would allow "governmental units to pursue appropriate regulatory policies." E. g., H. R. Rep., at 165. It was not meant "to interfere with legitimate regulatory objectives," 123 Cong.

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