Cite as: 600 U. S. ____ (2023)
9
THOMAS, J., dissenting
Harper III did not “alter or amend in any way the judgment
in Harper I,” ante, at 9, is both irrelevant and incorrect. It
is irrelevant because our jurisdiction requires a case, and
this case is over no matter what becomes of the empty husk
of Harper I ’s interlocutory judgment. It is incorrect because
Harper I ’s judgment—reversing the trial court’s original
judgment and remanding the case—was completely negated by Harper III ’s affirmance of the same trial-court
judgment.
In the same vein, the majority’s suggestion that Harper I
has any “res judicata consequences” is completely inapposite. Ante, at 9 (internal quotation marks omitted). Res
judicata is the principle that “[a] final judgment on the merits of an action” bars relitigation “in [a] second action” of the
same claim or of issues actually litigated and necessary to
the judgment in the first action. Federated Department
Stores, Inc. v. Moitie, 452 U. S. 394, 398 (1981); see also
Taylor v. Sturgell, 553 U. S. 880, 892 (2008). Harper I was
not a final judgment (as the majority concedes by applying
Cox Broadcasting), so res judicata simply has nothing to do
with it. Nothing decided by Harper I was res judicata in the
second state-court appeal, see Southern R. Co. v. Clift, 260
U. S. 316, 319 (1922), nor would Harper I ’s interlocutory
Elections Clause holding have any res judicata effect in a
future action between these parties, see Restatement (Second) of Judgments §27, and Comment h, and Illus. 13 and
14 (1980) (only issue determinations essential to a final
——————
regarding redistricting of congressional districts.” Id., at ___, 886 S. E.
2d, at 419. To the extent that Harper III suggests any view about
whether such provisions would be binding if they existed, it seems to
suggest agreement with petitioners. See ibid. (“The Federal Constitution . . . commits drawing of congressional districts to the state legislatures subject to oversight by the Congress of the United States”). But, of
course, Harper III had no need to decide that question, because its statelaw justiciability holding fully determined the judgment in this action,
thus mooting petitioners’ alternative Elections Clause defense.
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