Cite as: 534 U. S. 161 (2002)
Ginsburg, J., dissenting
practical obstacles" in the Government's way? Mullane, 339 U. S., at 314-315. The answer, in my judgment, is certainly yes. Before detailing why that is my view, I will examine what the Court does not elaborate: In full scope, what does Mullane, the foundational case, teach about the nexus to the forum and notice to interested persons necessary to make an adjudication fair and workable, and thus compatible with due process? 1
II
Mullane was a proceeding in which the trustee of a common trust fund sought from a New York Surrogate Court an order settling all questions concerning the management of the common fund during a statutorily specified accounting period.2 Many of the beneficiaries resided outside New York. Could a New York court adjudicate such a case despite the large numbers of nonresidents affected? And if a New York court could entertain the case, would notice by publication, for which the New York statute provided, suffice to inform beneficiaries of the proceeding? The Court recognized that these were separate questions calling for discrete inquiries.
New York had jurisdiction to adjudicate despite the dispersion of trust beneficiaries among several States, the Court explained, because the trust "exist[ed] by the grace of [New York's] laws and [was] administered under the supervision of its courts." Id., at 313. If New York could not take
1 In briefing this case, the Government questioned whether it is "permissible for courts to approach the due process issue here as a matter of what is 'fair' or workable." Brief for United States 31. Any doubt on that score should be dispelled. Mullane carefully explained that the due process requirement at stake is not merely permissive, it demands that both fairness and practicality be taken into account. See 339 U. S., at 313-320.
2 The decree sought by the Mullane trustee would terminate "every right which beneficiaries would otherwise have against the trust company, either as trustee of the common fund or as trustee of any individual trust, for improper management of the common trust fund during the period covered by the accounting." Id., at 311.
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