Republic Nat. Bank of Miami v. United States, 506 U.S. 80, 2 (1992)

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Cite as: 506 U. S. 80 (1992)

Opinion of Thomas, J.

The same rule ordinarily mandates the application to pending cases of new laws enlarging jurisdiction. We so held in United States v. Alabama, 362 U. S. 602 (1960) (per curiam). There, the District Court had concluded that it was without jurisdiction to entertain a civil rights action brought by the United States against a State, and the Court of Appeals had affirmed. Id., at 603. While the case was pending before this Court, the President signed the Civil Rights Act of 1960, which authorized such actions. Relying on "familiar principles," we held that "the case must be decided on the basis of law now controlling, and the provisions of [the new statute] are applicable to this litigation." Id., at 604 (emphasis added) (citing cases). We therefore held that "the District Court has jurisdiction to entertain this action against the State," and we remanded for further proceedings. Ibid. Similarly, in Andrus v. Charlestone Stone Products Co., 436 U. S. 604 (1978), we held that because the general federal-question statute had been amended in 1976 to eliminate the amount-in-controversy requirement for suits against the United States, "the fact that in 1973 respondent in its complaint did not allege $10,000 in controversy is now of no moment." Id., at 608, n. 6 (emphasis added).

It could be argued that the language of § 1521 implies an earlier determinative event for retroactivity purposes—such as the removal of the res or the point when the final order disposing of the property "is appealed." 106 Stat. 4062. I do not find these terms sufficiently clear to overcome the general rule that statutes altering jurisdiction are to be applied to pending cases; I would therefore decide this case on the basis of the new law. If the Court is plagued with doubts about the "retroactive application" of § 1521, ante, at 89, n. 5, the Court should, at a minimum, seek further briefing from the parties on this question before embarking on what appears to me to be an unnecessary excursion through the law of admiralty. There is no legitimate reason not to take the time to do so, for if the Government were to concede the

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