Fair Assessment in Real Estate Assn., Inc. v. McNary

Justice Brennan, with whom Justice Marshall, Justice Stevens, and Justice O’Connor join,

concurring in the judgment.

I agree that the judgment of the District Court dismissing petitioners’ complaint should be affirmed. But I arrive at that conclusion by a different route for I cannot agree that this case, and the jurisdiction of the federal courts over an action for damages brought pursuant to express congressional authority, is to be governed by applying a “principle of comity” grounded solely on this Court’s notion of an appropriate division of responsibility between the federal and state…