Barnhart v. Sigmon Coal Co., 534 U.S. 438, 32 (2002)

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Cite as: 534 U. S. 438 (2002)

Stevens, J., dissenting

ents' counsel when asked specifically during oral argument. Tr. of Oral Arg. 33-35.

The total absence of any suggestion in the legislative history that the Senators had misdescribed the coverage of the Act is itself significant. See Harrison v. PPG Industries, Inc., 446 U. S. 578, 602 (1980) (Rehnquist, J., dissenting) ("In a case where the construction of legislative language . . . makes so sweeping and so relatively unorthodox a change . . . , I think judges as well as detectives may take into consideration the fact that a watchdog did not bark in the night"); Green v. Bock Laundry Machine Co., 490 U. S. 504, 527 (1989) (Scalia, J., concurring in judgment) (when confronted with statutory language that produces an absurd result, it is appropriate "to observe that counsel have not provided, nor have we discovered, a shred of evidence that anyone has ever proposed or assumed such a bizarre disposition"). Absent some response indicating that the Senators mischaracterized the Act, we ought to construe the statute in light of its clear purpose and thereby avoid the absurd results that the majority countenances.

Indeed, the Court's cavalier treatment of the explanations of the statute provided to their colleagues by Senators Rockefeller and Wallop is disrespectful, not only to those Senators, but to the entire Senate as well. For, although the Court does not say so explicitly, it apparently assumes that the Senators were either dissembling or unable to understand the meaning of the bill that they were sponsoring. Neither assumption is tenable. Much more likely is the simple explanation that the Senators quite reasonably thought the term "signatory operator" included successors. This account is certainly consistent with Congress' instructions in the Dictionary Act, 1 U. S. C. § 1, that a reference to a corporation may embrace its successors and assigns even if not expressly mentioned.

The Coal Act defines a "signatory operator" as "a person which is or was a signatory to a coal wage agreement." 26

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