Cite as: 537 U. S. 149 (2003)
Opinion of the Court
a provision that a detention hearing " 'shall be held immediately upon the [detainee's] first appearance before the judicial officer' " did not bar detention after a tardy hearing, United States v. Montalvo-Murillo, 495 U. S. 711, 714 (1990) (quoting 18 U. S. C. § 3142(f)), and a mandate that the Secretary of Health and Human Services " 'shall report' " within a certain time did "not mean that [the] official lacked power to act beyond it," Regions Hospital v. Shalala, 522 U. S. 448, 459, n. 3 (1998).
We have summed up this way: "if a statute does not specify a consequence for noncompliance with statutory timing provisions, the federal courts will not in the ordinary course impose their own coercive sanction." United States v. James Daniel Good Real Property, 510 U. S. 43, 63 (1993).6
6 No one could disagree with Justice Scalia that "[w]hen a power is conferred for a limited time, the automatic consequence of the expiration of that time is the expiration of the power," post, at 174-175 (dissenting opinion), but his assumption that the Commissioner's power to assign retirees was "conferred for a limited time" assumes away the very question to be decided. Justice Scalia's dissent is an elaboration on this circularity, forever returning as it must to his postulate that § 9706(a) constitutes a "time-limited mandate" that "expired" on the statutory date. Post, at 177, 178.
Justice Scalia's closest approach to a nonconclusory justification for his position is the assertion of an entirely formal interpretive rule that a date figuring in the same statutory subsection as the creation of a mandatory obligation ipso facto negates any power of tardy performance. Post, at 176-177. Justice Scalia cites no authority for his formalism, which is contradicted by United States v. Montalvo-Murillo, 495 U. S. 711 (1990), where a single statutory subsection provided that a judicial officer "shall hold a hearing" and that "[t]he hearing shall be held immediately upon the person's first appearance before the judicial officer." Id., at 714 (quoting 18 U. S. C. § 3142(f)). Conversely, Brock v. Pierce County, 476 U. S. 253 (1986), United States v. James Daniel Good Real Property, 510 U. S. 43 (1993), and Regions Hospital v. Shalala, 522 U. S. 448 (1998), ascribed no significance to the formal placement of the time limitation. One can only ask why a statute providing that "The obligor shall perform its duty before October 1, 1993," should be thought to differ fundamentally from one providing that "(i) The obligor shall perform its duty. (ii) The obligor's
159
Page: Index Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: October 4, 2007