434
Ginsburg, J., concurring
Justice Souter, concurring.
In Part I of his dissenting opinion, Justice Stevens makes a persuasive argument that, absent a rule to the contrary, district judges have an "inherent authority" to enter a judgment of acquittal, although, for the reasons offered by the majority, ante, at 426, I am not persuaded that this inherent authority extends to the power to act sua sponte to grant a judgment of acquittal after the jury has returned a verdict. In any event, I accept the received view that inherent power generally is subject to legislative abrogation, see Bank of Nova Scotia v. United States, 487 U. S. 250, 254-255 (1988); ante, at 426, and although Congress's power is not necessarily plenary, its limits are not implicated here. While there may be some point at which legislative interference with a court's inherent authority would run afoul of Article III, see Chambers v. NASCO, Inc., 501 U. S. 32, 58 (1991) (Scalia, J., dissenting) ("Some elements of that inherent authority are so essential to '[t]he judicial Power,' U. S. Const., Art. III, § 1, that they are indefeasible"), it is not seriously contended that Rule 29(c) is an unconstitutional interference with the court's inherent authority. I therefore join the Court's opinion.
Justice Ginsburg, with whom Justice Souter and Justice Breyer join, concurring.
I join the opinion of the Court and highlight features of the case key to my judgment.
It is anomalous to classify time prescriptions, even rigid ones,* under the heading "subject matter jurisdiction." That most basic requirement relates to the subject matter of the case or controversy or the status of the parties to it. See 13 C. Wright, A. Miller, & E. Cooper, Federal Practice and Procedure § 3522, p. 78 (2d ed. 1984); Restatement (Second) of Judgments § 11 (1982) (defining "subject matter juris-*See Fed. Rule Crim. Proc. 45(b) (listing time rules that are not subject to enlargement for "cause shown").
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