California v. Deep Sea Research, Inc., 523 U.S. 491, 2 (1998)

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492

CALIFORNIA v. DEEP SEA RESEARCH, INC.

Syllabus

Held:

1. The Eleventh Amendment does not bar a federal court's jurisdiction over an in rem admiralty action where the res is not within the State's possession. Pp. 501-508.

(a) The federal courts have a unique role in admiralty cases as conferred by Article III, § 2, cl. 1, of the Constitution. That jurisdiction encompasses proceedings in rem. The jurisdiction of federal courts is also constrained, however, by the Eleventh Amendment. Early cases appear to have assumed the federal courts' jurisdiction over admiralty in rem actions despite the Eleventh Amendment. Subsequent decisions altered the role of federal courts by explaining that admiralty and maritime jurisdiction is not wholly exempt from the Eleventh Amendment. Ex parte New York, 256 U. S. 490 (New York I). Thus, this Court held that the federal courts lacked jurisdiction over an in rem action against a tugboat operated by New York State, Ex parte New York, 256 U. S. 503 (New York II), and that Florida could not invoke the Eleventh Amendment to block the arrest of maritime artifacts in the State's possession where that possession was unlawful, Florida Dept. of State v. Treasure Salvors, Inc., 458 U. S. 670 (plurality opinion). However, those opinions did not address situations comparable to this case, in which DSR asserts rights to a res not in the State's possession. The action in New York I, although styled as an in rem action, was actually, as the Court explained in that decision, an in personam action against a state official; and the action in New York II was an in rem suit against a vessel that was property of the State, in its possession and employed for governmental use. Assertions in the opinions in Treasure Salvors, which might be read to suggest that a federal court may not undertake in rem adjudication of the State's interest in property without the State's consent, regardless of the status of the res, should not be divorced from the context of that case and reflexively applied to the very different circumstances presented by this case. Also, because Treasure Salvors addressed only the District Court's authority to issue a warrant to arrest artifacts, any references to what the lower courts could have done if adjudicating the artifacts' title do not control the outcome here. Nor does the fact that Treasure Salvors has been cited for the general proposition that federal courts cannot adjudicate a State's claim of title to property prevent a more nuanced application of that decision in the context of the federal courts' in rem admiralty jurisdiction. Pp. 501-506.

(b) In considering whether the Eleventh Amendment applies where the State asserts claim in an admiralty action to a res not in its posses-

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