One decision: Tohono O’Odham Nation

The Supreme Court on Tuesday decided 09-846, U.S. v. Tohono O’Odham Nation.  The decision of the Federal Circuit Court is reversed, in an opinion by Justice Kennedy.  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, the Court rules.  The vote is 7-1.  Justice Ginsburg dissented alone.  Justice Sotomayor joined in the judgment only, joined by Justice Breyer.  Justice Kagan took no part. This is the only decision of the day; the decision is here.  The Court will issue one or more opinions on Wednesday.