California v. Deep Sea Research, Inc., 523 U.S. 491, 15 (1998)

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Cite as: 523 U. S. 491 (1998)

Opinion of the Court

libel and at present . . . the absolute property of the State of New York, in its possession and control, and employed in the public service of the State for governmental uses and purposes . . . ." 256 U. S., at 508. As Justice White explained in his opinion in Treasure Salvors:

"The In re New York cases . . . reflect the special concern in admiralty that maritime property of the sovereign is not to be seized. . . . [They] are but the most apposite examples of the line of cases concerning in rem actions brought against vessels in which an official of the State, the Federal Government, or a foreign government has asserted ownership of the res. The Court's consistent interpretation of the respective but related immunity doctrines pertaining to such vessels has been, upon proper presentation that the sovereign entity claims ownership of a res in its possession, to dismiss the suit or modify its judgment accordingly." 458 U. S., at 709- 710 (opinion concurring in judgment in part and dissenting in part) (emphasis added).

It is true that statements in the fractured opinions in Treasure Salvors might be read to suggest that a federal court may not undertake in rem adjudication of the State's interest in property without the State's consent, regardless of the status of the res. See, e. g., id., at 682 (plurality opinion) ("The court did not have power . . . to adjudicate the State's interest in the property without the State's consent"); id., at 711 (White, J., concurring in judgment in part and dissenting in part) ("It is . . . beyond reasonable dispute that the Eleventh Amendment bars a federal court from deciding the rights and obligations of a State in a contract unless the State consents"). Those assertions, however, should not be divorced from the context of Treasure Salvors and reflexively applied to the very different circumstances presented by this case. In Treasure Salvors, the State had possession—albeit unlawfully—of the artifacts at issue. Also, the

505

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