820
Ginsburg, J., concurring in part
2
Even beyond the express pre-emptive reach of federal maritime statutes, however, we have acknowledged that they contain a further prudential effect. "While there is an established and continuing tradition of federal common lawmaking in admiralty, that law is to be developed, insofar as possible, to harmonize with the enactments of Congress in the field." American Dredging Co. v. Miller, 510 U. S. 443, 455 (1994). Cf. Grupo Mexicano de Desarrollo, S. A. v. Alliance Bond Fund, Inc., 527 U. S. 308, 332-333 (1999) (equitable lawmaking power of bankruptcy courts limited by statute). Because of Congress's extensive involvement in legislating causes of action for maritime personal injuries, it will be the better course, in many cases that assert new claims beyond what those statutes have seen fit to allow, to leave further development to Congress. The cause of action we recognize today, however, is new only in the most technical sense. The general maritime law has recognized the tort of negligence for more than a century, and it has been clear since Moragne that breaches of a maritime duty are actionable when they cause death, as when they cause injury. Congress's occupation of this field is not yet so extensive as to preclude us from recognizing what is already logically compelled by our precedents.
* * *
The maritime cause of action that Moragne established for unseaworthiness is equally available for negligence.
We affirm the judgment of the Court of Appeals.
It is so ordered.
Justice Ginsburg, with whom Justice Souter and Justice Breyer join, concurring in part.
I join all but Part II-B-2 of the Court's opinion. Following the reasoning in Moragne v. States Marine Lines, Inc., 398 U. S. 375 (1970), the Court today holds that
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