Cite as: 506 U. S. 80 (1992)
Opinion of Thomas, J.
Justice Stevens, concurring in part and concurring in the judgment.
While I agree with Justice Blackmun's analysis of the Government's Appropriations Clause argument, and join his opinion in its entirety, I also agree with The Chief Justice that 31 U. S. C. § 1304, together with 28 U. S. C. § 2465, provide a satisfactory alternative response. Moreover, like Justice White, and for the reasons stated in his separate opinion, I am surprised that the Government would make "such a transparently fallacious" argument in support of its unconscionable position in this case. See ante, at 96.
Justice Thomas, concurring in part and concurring in the judgment.
I cannot join the Court's discussion of jurisdiction because that discussion is unnecessary and may very well constitute an advisory opinion. In my view, we should determine the applicability of § 1521 of the Housing and Community Development Act of 1992, 106 Stat. 4062. Effective October 28, 1992, § 1521 amended 28 U. S. C. § 1355 to provide that "[i]n any case in which a final order disposing of property in a civil forfeiture action or proceeding is appealed, removal of the property by the prevailing party shall not deprive the court of jurisdiction." 106 Stat. 4062-4063. The clear import of the new law is to preserve the jurisdiction of a court of appeals in a civil forfeiture action where the res has been removed by the prevailing party—the very issue involved in this case. This law would appear by its plain terms to be dispositive of this case, thus rendering academic the discussion in Part II of the Court's opinion.*
The Court mentions § 1521 in a single footnote, stating simply that "we do not now interpret that statute or deter-*By letter dated October 30, 1992, the Government advised the Court of the enactment of the new law without taking a position on its applicability. On November 3 petitioner informed us by letter that in its view § 1521 applies and is controlling.
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