122
Stevens, J., concurring in judgment
to the same thing as an advisory opinion, disapproved by this Court from the beginning." Ante, at 101; see also Muskrat v. United States, 219 U. S. 346, 362 (1911) (stressing that Article III limits federal courts to "deciding cases or controversies arising between opposing parties").15
15 The Court boldly distinguishes away no fewer than five of our precedents. In each of these five cases, the Court avoided deciding a jurisdictional issue by assuming that jurisdiction existed for the purpose of that case. In Norton v. Mathews, 427 U. S. 524, 532 (1976), for example, we stated:
"It . . . is evident that, whichever disposition we undertake, the effect is the same. It follows that there is no need to decide the theoretical question of jurisdiction in this case. In the past, we similarly have reserved difficult questions of our jurisdiction when the case alternatively could be resolved on the merits in favor of the same party. See Secretary of the Navy v. Avrech, 418 U. S. 676 (1974). The Court has done this even when the original reason for granting certiorari was to resolve the jurisdictional issue. See United States v. Augenblick, 393 U. S. 348, 349- 352 (1969). . . . Making the assumption, then, without deciding, that our jurisdiction in this cause is established, we affirm the judgment in favor of the Secretary . . . ."
See also Philbrook v. Glodgett, 421 U. S. 707, 720-722 (1975) (opinion of Rehnquist, J.) (declining to reach "subtle and complex" jurisdictional issue and assuming that jurisdiction existed); Secretary of Navy v. Avrech, 418 U. S. 676, 677-678 (1974) (per curiam) ("[a]ssuming, arguendo, that the District Court had jurisdiction"; leaving "to a future case the resolution of the jurisdictional issue"); Chandler v. Judicial Council of Tenth Circuit, 398 U. S. 74, 89 (1970) ("Whether the Council's action was administrative action not reviewable in this Court, or whether it is reviewable here, plainly petitioner has not made a case for the extraordinary relief of mandamus or prohibition"); United States v. Augenblick, 393 U. S. 348, 351-352 (1969) (assuming, arguendo, that jurisdiction existed).
Moreover, in addition to the five cases that the Court distinguishes, there are other cases that support the notion that a court can assume jurisdiction. See, e. g., Moor v. County of Alameda, 411 U. S. 693, 715 (1973) ("Whether there exists judicial power to hear the state law claims against the County is, in short, a subtle and complex question with far-reaching implications. But we do not consider it appropriate to resolve this difficult issue in the present case, for we have concluded that even assuming, arguendo, the existence of power to hear the claim, the District Court [did not err]"); Neese v. Southern R. Co., 350 U. S. 77 (1955) (per
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