Bank One Chicago, N. A. v. Midwest Bank & Trust Co., 516 U.S. 264, 13 (1996)

Page:   Index   Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

276

BANK ONE CHICAGO, N. A. v. MIDWEST BANK & TRUST CO.

Stevens, J., concurring

this decidedly inefficient jurisdictional scheme, we would hesitate to attribute such a design to Congress.4

* * *

For the reasons stated, the judgment of the Court of Appeals for the Seventh Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion.

It is so ordered.

Justice Stevens, concurring.

Given the fact that the Expedited Funds Availability Act was a measure that easily passed both Houses of Congress,1 Justice Scalia is quite right that it is unlikely that more than a handful of legislators were aware of the Act's drafting history. He is quite wrong, however, to conclude from that observation that the drafting history is not useful to conscientious and disinterested judges trying to understand the statute's meaning.

Legislators, like other busy people, often depend on the judgment of trusted colleagues when discharging their official responsibilities. If a statute such as the Expedited Funds Availability Act has bipartisan support and has been carefully considered by committees familiar with the subject matter, Representatives and Senators may appropriately rely on the views of the committee members in casting their votes. In such circumstances, since most Members are content to endorse the views of the responsible committees, the

4 Bank One and amicus New York Clearing House Association contend that 28 U. S. C. § 1331 provides an independent basis for federal-court jurisdiction here. Satisfied that Bank One properly relied on 12 U. S. C. § 4010, we need not and do not pass on this contention.

1 The House passed the Act by a vote of 382 to 12. 133 Cong. Rec. 22110 (1987). The Senate approved the measure 96 to 2. Id., at 22181.

Page:   Index   Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: October 4, 2007