Alito and Legislative History

Jason Mazzone analyses a new SCOTUS decision at the Co-Op, highlighting that Alito's majority opinion relies on some legislative history; Scalia wrote separately to condemn the use of that history.

Given my prediction during the confirmation proceedings that Alito was not a textualist in the mold of Scalia and Alito's claims during his confirmation hearings that he would be a textualist, this is an interesting first datapoint.