Cite as: 515 U. S. 417 (1995)
Opinion of the Court
al's certification. Section 2679(d)(2) states explicitly that "certification of the Attorney General shall conclusively establish scope of office or employment for purposes of removal." (Emphasis added.) Notably, § 2679(d)(2) contains no such statement with regard to substitution. The § 2679(d)(2) prescription thus tends in favor of judicial review. Counseling against review, however, is the commanding force of the word "shall": "Upon certification by the Attorney General . . . , any civil action or proceeding . . . shall be deemed an action against the United States . . . , and the United States shall be substituted as the party defendant." § 2679(d)(1) (emphasis added). As the statutory language is reasonably susceptible to divergent interpretations, the Court adopts the reading that accords with the presumption favoring judicial review and the tradition of court review of scope certifications, while avoiding the anomalies that attend foreclosure of review. Pp. 430-434.
Ginsburg, J., delivered the opinion of the Court with respect to Parts I, II, and III, in which Stevens, O'Connor, Kennedy, and Breyer, JJ., joined, and an opinion with respect to Part IV, in which Stevens, Kennedy, and Breyer, JJ., joined. O'Connor, J., filed an opinion concurring in part and concurring in the judgment, post, p. 437. Souter, J., filed a dissenting opinion, in which Rehnquist, C. J., and Scalia and Thomas, JJ., joined, post, p. 438.
Isidoro Rodriguez argued the cause and filed a brief for petitioners. Malcolm L. Stewart argued the cause for the federal respondents in support of petitioners pursuant to this Court's Rule 12.4. On the briefs were Solicitor General Days, Assistant Attorney General Hunger, Deputy Solicitor General Bender, Jeffrey P. Minear, Barbara L. Herwig, and Peter R. Maier.
Andrew J. Maloney III argued the cause and filed a brief for respondent Lamagno.
Michael K. Kellogg, by invitation of the Court, 513 U. S. 1010, argued the cause and filed a brief as amicus curiae urging affirmance.
Justice Ginsburg delivered the opinion of the Court, except as to Part IV.
When a federal employee is sued for a wrongful or negligent act, the Federal Employees Liability Reform and Tort
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