528
Scalia, J., concurring in judgment
1917 or earlier, many faces friendly to the Court's holding. Whether they would or not makes no difference to me—and evidently makes no difference to the Court, which gives lip-service to legislative history but does not trouble to set forth and discuss the foregoing material that others found so persuasive. In my view, that is as it should be, except for the lipservice. The language of the statute is entirely clear, and if that is not what Congress meant then Congress has made a mistake and Congress will have to correct it. We should not pretend to care about legislative intent (as opposed to the meaning of the law), lest we impose upon the practicing bar and their clients obligations that we do not ourselves take seriously.
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