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- SUPREME COURT OF THE UNITED STATES
- --------
- No. 94-395
- --------
- UNITED STATES, PETITIONER v. LORI
- RABIN WILLIAMS
- on writ of certiorari to the united states court
- of appeals for the ninth circuit
- [April 25, 1995]
-
- Justice Scalia, concurring.
- I join the opinion of the Court, except insofar as it
- holds that Williams is a -taxpayer- within the meaning
- of 6511(a) and 7701(a)(14), see ante, at 7. That seems
- to me unnecessary to the decision, since 6511(a), an
- administrative exhaustion provision, has too remote a
- bearing upon 1346(a)(1), the jurisdictional provision at
- issue, to create by implication the significant limitation
- upon jurisdiction that the Government asserts.
- I acknowledge the rule requiring clear statement of
- waivers of sovereign immunity, see post, at 3 (dissenting
- opinion), and I agree that the rule applies even to
- determination of the scope of explicit waivers. See, e.g.,
- United States v. Nordic Village, Inc., 503 U. S. 30, 34
- (1992). The rule does not, however, require explicit
- waivers to be given a meaning that is implausi-
- ble-which would in my view be the result of restricting
- the unequivocal language of 1346(a)(1) by reference to
- 6511(a). -`The exemption of the sovereign from suit
- involves hardship enough where consent has been
- withheld. We are not to add to its rigor by refinement
- of construction where consent has been announced.'-
- United States v. Aetna Casualty & Surety Co., 338 U. S.
- 366, 383 (1949) (quoting Anderson v. Hayes Constr. Co.,
- 243 N. Y. 140, 147, 153 N. E. 28, 29-30 (1926) (Car-
- dozo, J.)).
-