FCC v. NextWave Personal Communications Inc., 537 U.S. 293, 14 (2003)

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306

FCC v. NEXTWAVE PERSONAL COMMUNICATIONS INC.

Opinion of the Court

"One obvious way," the dissent concludes, "is to interpret the relevant phrase, 'solely because' of nonpayment of 'a debt that is dischargeable,' as requiring something more than a purely factual connection . . . . The statute's words are open to the interpretation that they require a certain relationship between (1) the dischargeability of the debt and (2) the decision to revoke the license." Post, at 316. To demonstrate that "openness," the dissent gives the example of a "rule telling apartment owners that they cannot refuse to rent 'solely because a family has children who are adopted.' " Post, at 319. Such a rule, it says quite correctly, is most reasonably read as making the adoptive nature of the children part of the prohibited motivation. But the example differs radically from the cases before us in two respects: (1) because an adopted child is the exception rather than the rule, and (2) because the class of children other than adopted children is surely not a disfavored one. In the cases before us, by contrast, the descriptive clause describes the rule rather than the exception. (As the dissent acknowledges, "virtually all debts" are dischargeable, post, at 310.) And the debts that do not fall within the rule (nondischargeable debts) are clearly disfavored by the Bankruptcy Code. To posit a text similar to the one before us, the dissent should have envisioned a rule that prohibited refusal to rent "solely because a family has children who are no more than normally destructive." Would the "no-more-than-normal-destructiveness" of the children be a necessary part of the apartment owner's motivation before he is in violation of the rule? That is to say, must he refuse to rent specifically because the children are no more than normally destructive? Of course not. The provision is most reasonably read as establishing an exception to the prohibition, rather than adding a motivation requirement: The owner may refuse to rent to families with destructive children. And the same is obvinot—where there is revocation of a license solely because of a bankrupt's failure to pay dischargeable debts.

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