So concludes Justice Scalia in his dissent in Zuni Public School District v. Dept of Education, decided by the Supreme Court today.
The Holy Trinity Church rule allows a court to make the “spirit” of the statute (or the legislature’s intent) trump the statute’s text. In this case, Justice Scalia sees the majority as applying such a rule again, and he objects. Interestingly, his dissent was joined by Chief Justice Roberts, Justice Thomas, and (in part) Justice Souter (who did not sign on to that portion of the opinion attacking Justice Stevens concurrence as resurrecting the Holy Trinity Church rule).
Justice Alito joined the majority opinion (making him no “Scalito” on issues of statutory interpretation) but also signed Justice Kennedy’s separate short concurrence which took issue with the structure of the majority opinion.
This case could prove significant both for issues of statutory interpretation as well as for questions of Chevron deference to administrative agencies.