Wait?! Did Scalia Join An Opinion With Legislative History?

June 12th, 2014

Footnote 3 in Justice Sotomayor’s unanimous opinion in  Clark v. Rameker clearly cites legislative history:

3 As the House Judiciary Committee explained in the process of enact­ ing §522, “[t]he historical purpose” of bankruptcy exemptions has been to provide a debtor “with the basic necessities of life” so that she “will not be left destitute and a public charge.” H. R. Rep. No. 95–595, p. 126 (1977).

Usually, Scalia refuses to join a footnote that cites legislative history, but he seems to have joined the entire opinion. What gives?! Is he going soft.

Update: Ed Whelan offers a possible explanation.