Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co., 513 U.S. 527, 29 (1995)

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Cite as: 513 U. S. 527 (1995)

Thomas, J., concurring in judgment

In place of Sisson I would follow the test described at the outset. When determining whether maritime jurisdiction exists under § 1333(1), a federal district court should ask if the tort occurred on a vessel on the navigable waters. This approach won the approval of two Justices in Sisson, see 497 U. S., at 373 (Scalia, J., joined by White, J., concurring in judgment). Although Justice Scalia's Sisson concurrence retained a "normal maritime activities" component, it recognized that anything a vessel does in the navigable waters would meet that requirement, and that "[i]t would be more straightforward to jettison the 'traditional maritime activity' analysis entirely." Id., at 374. I wholly agree and have chosen the straightforward approach, which, for all of its simplicity, would have produced the same results the Court arrived at in Executive Jet, Foremost, Sisson, and this action. Although this approach "might leave within admiralty jurisdiction a few unusual actions," 497 U. S., at 374, such freakish cases will occur rarely. In any event, the resources needed to resolve them "will be saved many times over by a clear jurisdictional rule that makes it unnecessary to decide" what is a traditional maritime activity and what poses a threat to maritime commerce. Id., at 374-375.

In this action, a straightforward application of the proposed test easily produces a finding of admiralty jurisdiction. As the majority quite ably demonstrates, the situs requirement is satisfied because the tort was caused by a "spud barge" on the Chicago River. Ante, at 534-536. Although the accident's effects were felt on land, the Extension of Admiralty Jurisdiction Act brings the event within § 1333(1). While I agree with the majority's analysis of this question, I disagree with its decision to continue on to other issues. A simple application of the situs test would yield the same result the Court reaches at the end of its analysis.

This Court pursues clarity and efficiency in other areas of federal subject-matter jurisdiction, and it should demand no less in admiralty and maritime law. The test I have pro-

555

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