United States v. Sioux Nation of Indians

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

C

The Court also suggests that the congressional action is but a "mere waiver" of a defense within a litigant's prerogative. Ante at 407. Congress certainly is no different from other litigants in this regard, and if the congressional action in this case could convincingly be construed as having an effect no greater than an ordinary litigant's waiver, I certainly would not object that Congress was exercising judicial power. But it is apparent that the congressional action in issue accomplished far more than a litigant's waiver.

Congress clearly required the Court of Claims to hear the case in full, and only if a waiver of res judicata by a litigant would always impose an obligation on a federal court to rehear such a claim could it be said that Congress has exercised the power of a litigant, rather than the power of a legislature. While res judicata is a defense which can be waived, see Fed.Rule Civ.Proc. 8(c), if a court is on notice that it has previously decided the issue presented, the court may dismiss the action sua sponte, even though the defense has not been raised.

See Hedger Transportation Corp. v. Ira S. Bushey & Sons, 186 F.2d 236 (CA2 1951); Evarts v. Western Metal Finishing Co., 253 F.2d 637, 639, n. 1 (CA9), cert. denied, 358 U.S. 815 (1958); Scholla v. Scholla, 92 U.S.App.D.C. 9, 201 F.2d 211 (1953); Hicks v. Holland, 235 F.2d 183 (CA6), cert. denied, 352 U.S. 855 (1956).

This result is fully consistent with the policies underlying res judicata: it is not based solely on the defendant's interest in avoiding the burdens of twice defending a suit, but is also based on the avoidance of unnecessary judicial waste. Commissioner v. Sunnen, 333 U.S. 591, 597 (1948); Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation, 402 U.S. 313, 328 (1971); Parklane Hosiery Co. v. Shore, 439 U.S. 322 (1979).

The Court of Claims itself has indicated that it would not engage [448 U.S. 433] in reconsideration of an issue previously decided by the Court of Claims without substantial justification:

"It is well to remember that res judicata and its offspring, collateral estoppel, are not statutory defenses; they are defenses adopted by the courts in furtherance of prompt and efficient administration of the business that comes before them."

They are grounded on the theory that one litigant cannot unduly consume the time of the court at the expense of other litigants, and that, once the court has finally decided an issue, a litigant cannot demand that it be decided again.

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