United States v. Sioux Nation of Indians

No. 79-639. Argued March 24, 1980. Decided June 30, 1980. 448 U.S. 371.

A

The Court first attempts to categorize this action as a permissible regulation of jurisdiction, stating that all Congress has done is to "provid[e] a forum so that a new judicial review of the Black Hills claim could take place." But that is the essence of an appellate or trial court decision ordering a new trial. While Congress may regulate judicial functions, it may not itself exercise them. Admittedly, it is not always readily apparent whether a particular action constitutes the assignment or the exercise of a judicial function, since [448 U.S. 430] the assignment of some functions is inherently judicial -- such as assigning the trial court the task of rehearing a case because of error.

The guidelines identified in our opinions however, indicate that, while Congress enjoys broad authority to regulate judicial proceedings in the context of a class of cases, Johannessen v. United States, 225 U.S. 227 (1912), when Congress regulates functions of the judiciary in a pending case, it walks the line between judicial and legislative authority, and exceeds that line if it sets aside a judgment or orders retrial of a previously adjudicated issue. United States v. Klein, supra at 145; Pope v. United States, supra. By ordering a rehearing in a pending case, Congress does not merely assign a judicial function, it necessarily reviews and sets aside an otherwise final adjudication; actions which this Court concedes Congress cannot permissibly take under the decisions of this Court. Ante at 391-392. The Court concludes that no "review" of the Court of Claims decisions (and our denials of certiorari) has occurred, and that the finality of the judgments has not been disturbed, principally because Congress has not dictated a rule of decision that must govern the ultimate outcome of the adjudication.

The fact that Congress did not dictate to the Court of Claims that a particular result be reached does not in any way negate the fact it has sought to exercise judicial power. This Court and other appellate courts often reverse a trial court for error without indicating what the result should be when the claim is heard again. It is also apparent that Congress must have "reviewed" the merits of the litigation and concluded that, for some reason, the Sioux should have a second opportunity to air their claims.

The order of a new trial inevitably reflects some measure of dissatisfaction with at least the manner in which the original claim was heard. It certainly seems doubtful that Congress would grant a litigant a new trial if convinced that the litigant had been fairly heard in the first instance. Unless Congress is assuming that there were deficiencies in the prior judicial [448 U.S. 431] proceeding, why would it see fit to appropriate public money to have the claim heard once again?

It would seem that Congress did not find the opinions of the Court of' Claims fully persuasive. But it is not the province of Congress to judge the persuasiveness of the opinions of federal courts -- that is the judiciary's province alone. It is equally apparent that Congress has set aside the judgments of the Court of Claims. Previously, those judgments were dispositive of the issues litigated in them; congress now says that they are not.

The action of Congress cannot be justified as the regulation of the jurisdiction of the federal courts because it seeks to provide a forum for the purposes of reviewing a previously final judgment in a pending case.

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