Opinion of Scalia, J.
adjudicative jurisdiction and those for legislative (or prescriptive) jurisdiction are necessarily identical; and on that basis I join Parts I, II, and III of the Court's opinion. Compare Asahi Metal Industry Co. v. Superior Court of Cal., Solano Cty., 480 U. S. 102 (1987), with American Oil Co. v. Neill, 380 U. S. 451 (1965).
I also agree that the Commerce Clause holding of Bellas Hess should not be overruled. Unlike the Court, however, I would not revisit the merits of that holding, but would adhere to it on the basis of stare decisis. American Trucking Assns., Inc. v. Smith, 496 U. S. 167, 204 (1990) (Scalia, J., concurring in judgment). Congress has the final say over regulation of interstate commerce, and it can change the rule of Bellas Hess by simply saying so. We have long recognized that the doctrine of stare decisis has "special force" where "Congress remains free to alter what we have done." Patterson v. McLean Credit Union, 491 U. S. 164, 172-173 (1989). See also Hilton v. South Carolina Public Railways Comm'n, 502 U. S. 197, 202 (1991); Illinois Brick Co. v. Illinois, 431 U. S. 720, 736 (1977). Moreover, the demands of the doctrine are "at their acme . . . where reliance interests are involved." Payne v. Tennessee, 501 U. S. 808, 828 (1991). As the Court notes, "the Bellas Hess rule has engendered substantial reliance and has become part of the basic framework of a sizable industry." Ante, at 317.
I do not share Justice White's view that we may disregard these reliance interests because it has become unreasonable to rely upon Bellas Hess. Post, at 331-332. Even assuming for the sake of argument (I do not consider the point) that later decisions in related areas are inconsistent with the principles upon which Bellas Hess rested, we have never acknowledged that, but have instead carefully distinguished the case on its facts. See, e. g., D. H. Holmes Co. v. McNamara, 486 U. S. 24, 33 (1988); National Geographic Society, supra, at 559. It seems to me important that we retain our ability—and, what comes to the same thing, thatPage: Index Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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