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- SUPREME COURT OF THE UNITED STATES
- --------
- No. 91-767
- --------
- REPUBLIC NATIONAL BANK OF MIAMI, PETI-
- TIONER v. UNITED STATES
- on writ of certiorari to the united states court
- of appeals for the eleventh circuit
- [December 14, 1992]
-
- Justice White, concurring.
- I agree with Parts I, II, and IV of the Court's opinion
- but would prefer not to address the Appropriations Clause
- issue.
- As Justice Blackmun indicates, ante, at 9, the
- Government argues that because the Appropriations
- Clause bars reaching the funds transferred to the
- Treasury's Assets Forfeiture Fund, the case is either moot
- or falls into the useless judgment exception to appellate
- in rem jurisdiction. I am surprised that the Government
- would take such a transparently fallacious position. The
- case is not moot and a ruling by the Court of Appeals
- would not be a useless judgment. Had the funds not been
- transferred to Washington, the Court of Appeals, if it
- thought the District Court had erred in rejecting the
- Bank's innocent owner defense, would have been free to
- reverse the lower court, direct that the Bank be paid out
- of the res, and to that extent rule against the United
- States' forfeiture claim. The United States does not
- question this, for when the property was sold, the
- Government agreed to hold the proceeds pending
- resolution of the claims against the res.
- The funds are of course no longer in Florida, but that
- fact, as the Court now holds, did not deprive the Court
- of Appeals of jurisdiction to reverse the District Court and
- direct entry of judgment against the United States for the
- amount of the Bank's lien, nor did it prevent the Court
- of Appeals from declaring that the Bank was entitled to
- have its lien satisfied from the res and, therefore, that the
- Government had no legal entitlement to the proceeds from
- the sale of the house. The case is obviously not moot.
- Nor should the Government suggest that a final judgment
- against the United States by a court with jurisdiction to
- enter such a judgment is useless because the United
- States may refuse to pay it. Rather, it would be
- reasonable to assume that the United States obeys the
- law and pays its debts and that in most people's minds
- a valid judgment against the Government for a certain
- sum of money would be worth that very amount. This is
- such a reasonable expectation that there is no need in
- this case to attempt to extract the transferred res from
- whatever fund in which it now is held.
- There is nothing new about expecting governments to
- satisfy their obligations. Thus, in Steffel v. Thompson,
- 415 U. S. 452, 468-471 (1974), the Court discussed the
- comparative propriety of entering a declaratory judgment
- as opposed to an injunction. Describing the cases of Roe
- and Bolton, the Court explained:
- -In those two cases, we declined to decide whether the
- District Courts had properly denied to the federal
- plaintiffs, against whom no prosecutions were pending,
- injunctive relief restraining enforcement of the Texas
- and Georgia criminal abortion statutes; instead, we
- affirmed the issuance of declaratory judgments of
- unconstitutionality, anticipating that these would be
- given effect by state authorities.- 415 U. S. at 469.
- See also Roe v. Wade, 410 U. S. 113, 166 (1973): -[w]e
- find it unnecessary to decide whether the District Court
- erred in withholding injunctive relief, for we assume the
- Texas prosecutorial authorities will give full credence to
- this decision that the present criminal abortion statutes
- of that State are unconstitutional-; Doe v. Bolton, 410
- U. S. 179, 201 (1973) (same). More generally, it goes
- without saying that a creditor must first have judgment
- before he is entitled to collect from one who has disputed
- the debt, and it frequently happens that the losing debtor
- pays up without more. Perhaps, however, the judgment
- creditor will have collection problems, but that does not
- render his judgment a meaningless event.
- For the same reasons, it is unnecessary for the Court
- at this point to construe the Appropriations Clause, either
- narrowly or broadly. Normally, we avoid deciding
- constitutional questions when it is reasonable to avoid or
- postpone them. Three Affiliated Tribes of Fort Berthold
- Reservation v. Wold Engineering, P.C., 467 U. S. 138, 157
- (1984); Liverpool, New York and Philadelphia S.S. Co. v.
- Commissioners of Emigration, 113 U. S. 33, 39 (1885). It
- is apparent, moreover, that the Court has struggled to
- reach a satisfactory resolution of the Appropriations
- Clause issue. I would not anticipate that the United
- States would default and that the Bank would require the
- help of the judiciary to collect the debt. I would leave it
- to the Executive Branch to determine in the first instance,
- when and if it suffers an adverse judgment, whether it
- would have authority under existing statutes to liquidate
- the judgment that might be rendered against it. It will
- be time enough to rule on the Appropriations Clause when
- and if the position taken by the Government requires it.
- I bow, however, to the will of the Court to rule
- prematurely on the Appropriations Clause, and on that
- issue I agree with The Chief Justice and join his
- opinion.
-