Page:Herrera v. Wyoming, 587 U. S. (2019) (slip opinion).pdf/33

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
8
HERRERA v. WYOMING

ALITO, J., dissenting

is conclusive.” Arizona v. California, 460 U. S. 605, 619 (1983). “The idea is straightforward: Once a court has decided an issue, it is forever settled as between the parties, thereby protecting against the expense and vexation attending multiple lawsuits, conserving judicial resources, and fostering reliance on judicial action by minimizing the possibility of inconsistent verdicts.” B&B Hardware, Inc. v. Hargis Industries, Inc., 575 U. S. 138, ___ (2015) (slip op., at 8) (internal quotation marks, citation, and alterations omitted). Succinctly put, “a losing litigant deserves no rematch after a defeat fairly suffered.” Astoria Fed. Sav. & Loan Assn. v. Solimino, 501 U. S. 104, 107 (1991).

Under federal issue-preclusion principles,[1] “once an issue is actually and necessarily determined by a court of competent jurisdiction, that determination is conclusive in subsequent suits based on a different cause of action involving a party to the prior litigation.” Montana v. United States, 440 U. S. 147, 153 (1979). That standard for issue preclusion is met here.

In Repsis, the central issue—and the question on which the Crow Tribe sought a declaratory judgment—was whether members of the Tribe “have an unrestricted right to hunt and fish on Big Horn National Forest lands.” 866 F. Supp., at 521. The Tenth Circuit’s judgment settled that question by holding that “the Tribe and its members are subject to the game laws of Wyoming.” 73 F. 3d, at 994. In this case, Herrera asserts the same hunting right that was actually litigated and decided against his Tribe in Repsis. He does not suggest that either the Federal District Court or the Tenth Circuit lacked jurisdiction to

  1. The preclusive effect of the judgment of a federal court is governed by federal law, regardless of whether that judgment’s preclusive effect is later asserted in a state or federal forum. Taylor v. Sturgell, 553 U. S. 880, 892 (2008). This means that the preclusive effect of Repsis, decided by a federal court, is governed by federal law, not Wyoming law, even though preclusion was asserted in a Wyoming court.