482
Opinion of the Court
Thomas, J., delivered an opinion, which was for the Court except as to footnote 6. Rehnquist, C. J., and Kennedy and Ginsburg, JJ., joined that opinion in full, and Scalia, J., joined except as to footnote 6. O'Connor, J., filed a dissenting opinion, in which Stevens, Souter, and Breyer, JJ., joined, post, p. 503.
Solicitor General Waxman argued the cause for the federal petitioner. With him on the briefs were Acting Solicitor General Dellinger, Assistant Attorney General Hunger, David C. Frederick, Douglas N. Letter, Jacob M. Lewis, Michael E. Robinson, and John K. Ianno. John G. Roberts, Jr., argued the cause for petitioner AT&T Family Federal Credit Union et al. With him on the briefs were Paul J. Lambert, Jonathan S. Franklin, and Brenda S. Furlow.
Michael S. Helfer argued the cause for respondents. With him on the briefs were Louis R. Cohen, Christopher R. Lipsett, John J. Gill III, and Michael F. Crotty.†
Justice Thomas delivered the opinion of the Court, except as to footnote 6.*
Section 109 of the Federal Credit Union Act (FCUA), 48 Stat. 1219, 12 U. S. C. § 1759, provides that "[f]ederal credit union membership shall be limited to groups having a common bond of occupation or association, or to groups within
†Briefs of amici curiae urging reversal were filed for the Ad Hoc Small Employers Group et al. by Paul G. Gaston, Richard J. Dines, and Christiane Gigi Hyland; for the California Credit Union League by Thomas H. Ott, Craig A. Horowitz, Wayne D. Clayton, and Joseph A. McDonald; for the Consumer Federation of America, Inc., et al. by Joseph C. Zengerle; for the National Association of Federal Credit Unions by John F. Cooney, Ronald R. Glancz, Melissa Landau Steinman, William J. Donovan, and Fred M. Haden; and for the National Association of State Credit Union Supervisors by Stanley M. Gorinson, John Longstreth, and C. Stephen Trimmier.
Leonard J. Rubin filed a brief for the Independent Bankers Association of America et al. as amici curiae urging affirmance.
*Justice Scalia joins this opinion, except as to footnote 6.
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