FCC v. NextWave Personal Communications Inc., 537 U.S. 293, 24 (2003)

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316

FCC v. NEXTWAVE PERSONAL COMMUNICATIONS INC.

Breyer, J., dissenting

"ultimate contours" were "not yet clear." H. R. Rep., at 165. But they said that the courts would determine "the extent of the discrimination that is contrary to bankruptcy policy." Ibid. And they thought the courts would do so "in pursuit of sound bankruptcy policy." S. Rep., at 81; H. R. Rep., at 367.

One obvious way to carry out this interpretive mandate 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, i. e., something more than a causal connection between a government's revocation of a license and nonpayment of a debt that is, merely in fact, dischargeable. 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. That necessary relationship would exist if the debt's dischargeability played a role in the government's decisionmaking through motivation—if, for example, the fact that the debt was dischargeable (or the fact of bankruptcy, etc.) mattered to the FCC. The necessary relationship would also exist if the government's revocation interfered in some significant way with bankruptcy's effort to provide a "fresh start." But otherwise, where the fact of dischargeability is irrelevant, where it has nothing to do with the government's decision either by way of purpose or effect, the government's license revocation would fall outside the scope of the provision.

This interpretation is consistent with the statute's language. It simply takes account not only of the statutory language's factual content—i. e., its reference to a debt that is in fact dischargeable—but also its intended significance. A debt's dischargeability cannot simply be a coincidence but must bear a meaningful relation to the prohibited government action. Cf. Staples v. United States, 511 U. S. 600, 619-620 (1994) (statute forbidding possession of a machine-gun requires not simply that the gun, in fact, discharge auto-

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