SUPREME COURT OF THE UNITED STATES

No. 91-767

REPUBLIC NATIONAL BANK OF MIAMI, PETITIONER v. UNITED STATES

on writ of certiorari to the united states court of appeals for the eleventh circuit

[December 14, 1992]

Justice Stevens, concurring in part and concurring in the judgment.

While I agree with Justice Blackmun's analysis of the Government's Appropriations Clause argument, and join his opinion in its entirety, I also agree with The Chief Justice that 31 U.S.C. § 1304 together with 28 U.S.C. § 2465 provide a satisfactory alternative response. Moreover, like Justice White, and for the reasons stated in his separate opinion, I am surprised that the Government would make "such a transparently fallacious" argument in support of its unconscionable position in this case. See ante, at 1.