In United States v. Tohono O’odham Nation, the Supreme Court 7-1 reversed the Federal Circuit, finding that if a suits filed in District Court and in the Court of Federal Claims are “based on substantially the same operative facts, regardless of the relief sought in each suit.” the suit in CFC is precluded. Justice Kagan recused. Justice Sotomayor concurred in judgment, joined by Justice Breyer.
The lone dissenter? Justice Ginsbug. I noted that Justice Ginsburg has written for herself a number of times this term. Updating the latest stat pack, Justice Ginsburg has authored 4 concurring opinions and 3 dissents this term, tying Justices Thomas and Scalia for the lead.