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LOCKHART v. UNITED STATES Scalia, J., concurring

claring the invalidity of the express-reference provision. I suppose that would depend upon which Congress one has in mind: the prior one that enacted the provision, or the cur­ rent one whose clearly expressed legislative intent it is de­ signed to frustrate. In any event, I think it does no favor to the Members of Congress, and to those who assist in draft­ ing their legislation, to keep secret the fact that such express-reference provisions are ineffective.