Antonin Scalia

“ Nothing could be further from the truth, for most of the Code provisions containing trigger words do not contemplate money judgments. Some provide States, in their role as creditors or entities, with rights against the debtor. ”

“ Congress intended States generally to be treated the same as ordinary "creditors" and "entities," who are subject to money judgments in a relatively small number of Code provisions. The effect of today's decision is to exempt States from these provisions, which are crucial to the efficacy of the Code. The plurality therefore ignores Congress' careful choice of language and turns States into preferred actors. ”

“ Edwards) (§ 106 (c) will cover situations in which "a trustee or debtor in possession . . . assert [s] avoiding powers under title 11 against a governmental unit") ; id., at 33993 (statement of Sen. DeConcini) (same) .↑ The Bankruptcy Clause provides: "Congress shall have Power To . . . establish . . . uniform Laws on the subject of Bankruptcies throughout the United States." U.S.C.onst., Art. I, § 8, cl. 4.
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”

“ United States, 5 B.R. 299, 300-302 (Bkrtcy.Ct., ED Mich.1980) . A leading bankruptcy commentator also reads § 106 (c) to abrogate state sovereign immunity. 2 Collier on Bankruptcy ¶ 106.04 (15th ed. 1989) .↑ See, e.g., § 303 (b) (1) (permitting three or more "entities" to file an involuntary case against a debtor) ; § 303 (c) (giving "creditors" who do not file an involuntary case the same rights as those who do) ; § 303 (j) (requiring notice to all "creditors" before a court may dismiss an involuntary case) ; § 341 (a) (requiring a meeting of "creditors") ”

“ As I explained in my opinion concurring in part and dissenting in part in Pennsylvania v. Union Gas Co., 491 U.S. 1, 35-42, 109 S.Ct. 2273, 2299-2303, 105 L.Ed.2d 1 (1989) , it makes no sense to affirm the constitutional principle established by Hans v. ”