222
Stevens, J., dissenting
350, 376-377 (1987) (Stevens, J., dissenting) (citing cases). Whether or not "novelty is always fatal in the construction of an old statute," ante, at 213, the overruling of a consistent line of precedent raises equitable concerns that should not be disregarded.5
Admittedly, this is a badly drafted statute. Viewed against a legal landscape that has changed dramatically since the days of the cotton claimants, see ante, at 206-207, it does not lend itself easily to sensible construction. Moreover, the Court's interpretation of § 1500 today may have the salutary effect of hastening its repeal or amendment. Nevertheless, a reading that is faithful not only to the statutory text but also to the statute's stated purpose is surely preferable to the harsh result the Court endorses here. Accordingly, I respectfully dissent.
5 The Court seeks to minimize these concerns by suggesting that the Brown line of cases on which petitioner relies would not in any event apply here, because petitioner's District Court action was not dismissed on the grounds that it fell within the exclusive jurisdiction of the Court of Federal Claims. Ante, at 216-217. In my view, Brown, and cases like it, do not warrant such a narrow reading, but stand instead for the broader proposition that a former district court action, once dismissed, no longer bars adjudication in the Court of Federal Claims. See n. 2, supra; National Steel & Shipbuilding Co. v. United States, 8 Cl. Ct. 274, 275-276 (1985) (in case of concurrent jurisdiction, providing for automatic reinstatement of Court of Federal Claims action upon dismissal of district court suit). That the Court of Appeals felt it necessary to overrule Brown on the facts of this case, see UNR Industries, 962 F. 2d, at 1022, suggests a similar understanding of Brown's scope.
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