National Credit Union Admin. v. First Nat. Bank & Trust Co., 522 U.S. 479, 38 (1998)

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516

NATIONAL CREDIT UNION ADMIN. v. FIRST NAT. BANK & TRUST CO.

O'Connor, J., dissenting

tion that is economically stable and responsive to its members' needs. See 988 F. 2d, at 1276. As a principle of internal governance designed to secure the viability of individual credit unions in the interests of the membership, the common bond provision was in no way designed to impose a restriction on all credit unions in the interests of institutions that might one day become competitors. "Indeed, the very notion seems anomalous, because Congress' general purpose was to encourage the proliferation of credit unions, which were expected to provide service to those would-be customers that banks disdained." Id., at 1275; see also Branch Bank & Trust Co. v. National Credit Union Administration Bd., 786 F. 2d 621, 625-626 (CA4 1986), cert. denied, 479 U. S. 1063 (1987).

That the common bond requirement would later come to be viewed by competitors as a useful tool for curbing a credit union's membership should not affect the zone-of-interests inquiry. The pertinent question under the zone-of-interests test is whether Congress intended to protect certain interests through a particular provision, not whether, irrespective of congressional intent, a provision may have the effect of protecting those interests. See Clarke, 479 U. S., at 394 (the "matter [is] basically one of interpreting congressional intent"); id., at 400; 988 F. 2d, at 1276 ("To be sure, as time passed—as credit unions flourished and competition among consumer lending institutions intensified—bankers began to see the common bond requirement as a desirable limitation on credit union expansion. . . . But that fact, assuming it is true, hardly serves to illuminate the intent of the Congress that first enacted the common bond requirement in 1934"). Otherwise, competitors could bring suits challenging the interpretation of a host of provisions in the FCUA that might have the unintended effect of furthering their competitive interest, such as restrictions on the loans credit unions can make or on the sums credit unions can borrow. See 12 U. S. C. §§ 1757(5), (6).

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