Cite as: 523 U. S. 491 (1998)
Syllabus
sion, this Court's decisions involving the Federal Government's sovereign immunity in in rem admiralty actions provide guidance, for the Court has recognized a correlation between sovereign immunity principles applicable to States and the Federal Government. Based on the longstanding precedent that the federal courts' in rem admiralty jurisdiction is barred only where the Federal Government actually possesses the disputed res, e. g., The Davis, 10 Wall. 15, the Eleventh Amendment does not bar federal jurisdiction over the Brother Jonathan, and the District Court may adjudicate DSR's and the State's claims to the shipwreck. Pp. 506-508.
2. Because the lower courts' conclusion that the Brother Jonathan was not abandoned for ASA purposes was influenced by the assumption that the Eleventh Amendment was relevant to the courts' inquiry, the case is remanded for reconsideration of the abandonment issue, with the clarification that the meaning of "abandoned" under the ASA conforms with its meaning under admiralty law. The District Court's full consideration of the ASA's application on remand might negate the need to address the issue whether the ASA pre-empts § 6313, and, thus, this Court declines to undertake that analysis. Pp. 508-509.
102 F. 3d 379, affirmed in part, vacated in part, and remanded.
O'Connor, J., delivered the opinion for a unanimous Court. Stevens, J., filed a concurring opinion, post, p. 509. Kennedy, J., filed a concurring opinion, in which Ginsburg and Breyer, JJ., joined, post, p. 510.
Joseph C. Rusconi, Deputy Attorney General of California, argued the cause for petitioners. With him on the briefs were Daniel E. Lungren, Attorney General, Roderick E. Walston, Chief Assistant Attorney General, Richard M. Frank, Assistant Attorney General, Dennis M. Eagan, Deputy Attorney General, Jack Rump, and Peter Pelkofer.
David C. Frederick argued the cause for the United States, respondent under this Court's Rule 12.6, in support of petitioners. With him on the briefs were Acting Solicitor General Dellinger, Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, Deputy Assistant Attorney General Preston, and Richard A. Olderman.
493
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