John Paul Stevens

“ I agree with the Court of Appeals' ruling.
The majority argues that policy concerns justify its general refusal to apply estoppel against petitioner in cases in which a claimant seeks unappropriated funds from the Treasury. Such a rule is necessary, says the majority, to protect against "fraud and corruption" by Executive Branch officials. Ante, at 427. If such officials are "displeased" with a statute, the argument goes, they may misinform the public as to the statute's meaning, thereby binding the Government to the officials' representations. ”

“ The majority contends on the basis of this provision that paying benefits to an annuitant who has exceeded the 80% limit would violate the Appropriations Clause because such benefits are not "provided by" the statute.
The Court need not read the statute so inflexibly, however. When Congress passes a law to provide a benefit to a class of people, it intends and assumes that the Executive will fairly implement that law. ”

“ Rather, the majority resolves the issue by holding as a general rule that a litigant may not succeed on a claim for payment of money from the Treasury in the absence of a statutory appropriation. Although the Constitution generally forbids payments from the Treasury without a congressional appropriation, #fn-s [1] that proposition does not resolve this case. Most fundamentally, Richmond's collection of disability benefits would be fully consistent with the relevant appropriation. ”

“ I therefore dissent.
* As the majority notes, the Appropriations Clause generally bars recovery from the Treasury unless the money sought " 'has been appropriated by an act of Congress.' " Ante, at 424 (quoting Cincinnati Soap Co. v. United States, 301 U.S. 308, 321, 57 S.Ct. 764, 770, 81 L.Ed. 1122 (1937) ) . The majority acknowledges that Congress has appropriated funds to pay disability annuities in 5 U.S.C. § 8348 (a) , ante, at 424, but holds that the fund created is intended for the payment of benefits only "as provided by" law, ante, at 424 (quoting § 8348 (a) (1) (A) ) . ”