United States v. Tohono O’odham Nation

Holding: Two suits making the same claim are barred from the Court of Federal Claims if they are based on substantially the same operative facts, regardless of the relief each seeks.(Kagan, J., recused).

Plain English Holding: Plaintiffs may not bring a suit in the Court of Federal Claims if they have already brought a suit based on the same set of facts in another court, even if they ask for different relief in the two cases.

Judgment: Reversed, 7-1, in an opinion by Justice Kennedy on April 26, 2011. Justice Ginsburg dissented alone. Justice Sotomayor joined in the judgment only, joined by Justice Breyer. (Kagan, J., recused).

Briefs and Documents

Merits Briefs

• Brief for Petitioner United States of America
• Brief for Respondent Tohono O’Odham Nation
• Reply Brief for Petitioner United States of America

Amicus Briefs

• Brief for Professor Gregory C. Sisk in Support of Neither Party
• Brief for Colorado River Indian Tribes and National Congress of American Indians in Support of Respondent
• Brief for the Chamber of Commerce of the United States of America in Support of Respondent
• Brief for the National Association of Home Builders in Support of Respondent
• Brief for Osage Nation in Support of Respondent

Certiorari-Stage Documents

• Opinion below (Federal Circuit)
• Petition for certiorari (unavailable)
• Brief in opposition (unavailable)
• Petitioner’s reply(unavailable)