Cite as: 506 U. S. 80 (1992)
Opinion of the Court
The Chief Justice delivered the opinion of the Court in part, concluding that a judgment for petitioner in the underlying forfeiture action would not be rendered "useless" by the absence of a specific congressional appropriation authorizing the payment of funds to petitioner. Even if there exist circumstances where funds which have been deposited into the Treasury may be returned absent an appropriation, but cf. Knote v. United States, 95 U. S. 149, 154, it is unnecessary to plow that uncharted ground here. For together, 31 U. S. C. § 1304—the general appropriation for the payment of judgments against the United States— and 28 U. S. C. § 2465—requiring the return of seized property upon entry of judgment for claimants in forfeiture proceedings—would authorize the return of funds in this case in the event petitioner were to prevail below. See Office of Personnel Management v. Richmond, 496 U. S. 414, 432. Pp. 93-96.
Blackmun, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and IV, in which Rehnquist, C. J., and White, Stevens, O'Connor, Scalia, Kennedy, and Souter, JJ., joined, and an opinion with respect to Part III, in which Stevens and O'Connor, JJ., joined. Rehnquist, C. J., delivered the opinion of the Court in part, as to which White, Scalia, Kennedy, Souter, and Thomas, JJ., joined, and an opinion concurring in part and concurring in the judgment, in which White, Scalia, Kennedy, and Souter, JJ., joined, post, p. 93. White, J., filed a concurring opinion, post, p. 96. Stevens, J., post, p. 99, and Thomas, J., post, p. 99, filed opinions concurring in part and concurring in the judgment.
Stanley A. Beiley argued the cause for petitioner. With him on the briefs were Robert M. Sondak and David S. Garbett.
Robert A. Long, Jr., argued the cause for the United States. With him on the brief were Solicitor General Starr, Assistant Attorney General Mueller, Deputy Solicitor General Roberts, and Joseph Douglas Wilson.
Justice Blackmun announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and IV, and an opinion with respect to Part III .*
The issue in this case is whether the Court of Appeals may continue to exercise jurisdiction in an in rem civil forfeiture
*Justice Stevens and Justice O'Connor join this opinion in its entirety.
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