130
Kennedy, J., concurring
In Thermtron, we held that a District Court had exceeded its authority when it remanded a case on grounds not permitted by § 1447(c). 423 U. S., at 345. We further held that the prohibition of appellate review in § 1447(d) does not bar review of orders outside the authority of subsection (c), reasoning that subsections (c) and (d) were to be given a parallel construction. Id., at 345-350. We observed that a remand order other than the orders specified in subsection (c) had "no warrant in the law" and could be reviewed by mandamus. Id., at 353.
In Cohill, supra, we qualified the first holding of Thermtron. We held that, notwithstanding lack of express statutory authorization, a district court may remand to state court a case in which the sole federal claim had been eliminated and only pendent state-law claims remained. We did not find it necessary to decide whether subsection (d) would bar review of a remand on these grounds, for we affirmed the denial of mandamus by the Court of Appeals. 484 U. S., at 357.
Despite the broad sweep of § 1447(d), which provides that "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise," various Courts of Appeals have relied on Thermtron to hold that § 1447(d) bars appellate review of § 1447(c) remands but not remands ordered under Cohill. See, e. g., Bogle v. Phillips Petroleum Co., 24 F. 3d 758, 761 (CA5 1994); In re Prairie Island Dakota Sioux, 21 F. 3d 302, 304 (CA8 1994) (per curiam); Nutter v. Monongahela Power Co., 4 F. 3d 319, 322- 323 (CA4 1993) (dicta); In re Glass, Molders, Pottery, Plastics & Allied Workers Int'l Union, Local No. 173, 983 F. 2d 725, 727 (CA6 1993); Rothner v. Chicago, 879 F. 2d 1402, 1406 (CA7 1989); cf. In re Amoco Petroleum Additives Co., 964 F. 2d 706, 708 (CA7 1992) ("Thermtron holds that § 1447(d) does not mean what it says . . ."). The issues raised by those decisions are not before us.
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