Mississippi v. Louisiana

Decision Date14 December 1992
Docket NumberNo. 91-1158,91-1158
Citation506 U.S. 73,113 S.Ct. 549,121 L.Ed.2d 466
PartiesMISSISSIPPI, et al., Petitioners, v. LOUISIANA et al
CourtU.S. Supreme Court
Syllabus *

After private plaintiffs brought suit against private defendants in the District Court to quiet title to certain land riparian to the Mississippi River, Louisiana intervened in the action and filed a third-party complaint against Mississippi seeking to determine the boundary between the two States in the vicinity of the disputed land. Following this Court's denial of leave to Louisiana to file a bill of complaint against Mississippi in this Court, the District Court found the land in question to be part of Mississippi and quieted title in the plaintiffs. The Court of Appeals reversed.

Held: The uncompromising language of 28 U.S.C. § 1251(a), which gives to this Court "original and exclusive jurisdiction of all controversies between two or more States" (emphasis added), deprived the District Court of jurisdiction over Louisiana's third-party complaint against Mississippi. Though § 1251(a) is phrased in terms of a grant of jurisdiction to this Court, the plain meaning of "exclusive" necessarily denies jurisdiction of such cases to any other federal court. See, e.g., California v. Arizona, 440 U.S. 59, 63, 99 S.Ct. 919, 922, 59 L.Ed.2d 144. The District Court's adjudication of a private action involving the location of the boundary between two States does not violate § 1251(a), since that section speaks in terms of parties, not claims or issues. But the adjudication of such an action would not be binding on the States in any way. Because both of the Courts below intermixed the questions of title to real property and of the state boundary's location, it must be determined on remand whether on this record the claims of title may fairly be decided without additional proceedings in the District Court. Pp. ____.

937 F.2d 247, reversed and remanded.

REHNQUIST, C.J., delivered the opinion for a unanimous Court.

James W. McCartney, Houston, Tex., argued for petitioners.

Gary L. Keyser, Baton Rouge, La., argued for respondents.

Chief Justice REHNQUIST delivered the opinion of the Court.

This action was originally commenced by private plaintiffs suing other private defendants in the District Court for the Southern District of Mississippi to quiet title to certain land riparian to the Mississippi River. The State of Louisiana intervened in the action and filed a third-party complaint against the State of Mississippi seeking to determine the boundary between the two States in the vicinity of the disputed land. We hold that 28 U.S.C. § 1251(a), granting to this Court original and exclusive jurisdiction of all controversies between two States, deprived the District Court of jurisdiction of Louisiana's third-party complaint against Mississippi.

The land in question lies along the west bank of the Mississippi River near Lake Providence, Louisiana. The private plaintiffs, known as the Houston Group, alleged that they own the land in fee simple as a result of a homestead patent issued by the United States in 1888 and a deed issued by Mississippi in 1933. Louisiana and the Lake Providence Port Commission intervened in the title dispute and filed a third-party complaint against Mississippi seeking a determination of the boundary between the States. Louisiana then sought leave to file a bill of complaint against Mississippi in this Court. Mississippi opposed the motion in view of the pendency of the District Court action, and also emphasized that the case was originally a dispute between private parties: "Houston brought the suit to establish the boundary line to their land. It is incidental that the boundary line is also alleged to be the State line." App. to Pet. for Cert. 86a. We denied leave to file, Louisiana v. Mississippi, 488 U.S. 990, 109 S.Ct. 551, 102 L.Ed.2d 579 (1988).

The District Court thereafter found that the thalweg, frozen by an avulsive shift in the river, was to the west of the disputed land and thus placed it within Mississippi. Alternatively, the District Court concluded that the disputed land was part of Mississippi because "Louisiana has acquiesced in the exercise of the exclusive jurisdiction over the island by . . . Mississippi." App. to Pet. for Cert. 40a. Having found the land to be part of Mississippi, the District Court then considered the ownership question and quieted title in the Houston Group.

The Court of Appeals reversed, rejecting the District Court's rulings both on the location of the thalweg and on acquiescence, Houston v. Thomas, 937 F.2d 247 (CA5 1991). We granted certiorari on these two questions and on a third that we formulated: "Did the District Court properly assert jurisdiction over respondent's third-party complaint against petitioner State of Mississippi?" 503 U.S. ----, 112 S.Ct. 1472, 117 L.Ed.2d 616 (1992). We now reverse.

The constitutional and statutory provisions necessary to our decision are these:

Article III, § 2, of the Constitution:

"The judicial Power [of the United States] shall extend . . . to Controversies between two or more States; . . . .

"In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction." Title 28 U.S.C. § 1331: "The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States."

Title 28 U.S.C. § 1251(a): "The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States."

Mississippi, even though its contentions as to the boundary between itself and Louisiana were rejected by the Court of Appeals, urges us to find that the District Court had jurisdiction of the third-party complaint that Louisiana brought against it. Mississippi argues that our refusal to allow Louisiana to file an original complaint to determine the boundary between the two States must, by implication, have indicated that the District Court was a proper forum for the resolution of that question. This is particularly true, Mississippi argues, since its opposition to Louisiana's motion to file its complaint in this Court was premised in part on the contention that the boundary question could be determined in the then-pending action between the private land owners in the District Court. Mississippi asserts that that court had jurisdiction by virtue of 28 U.S.C. § 1331, which confers jurisdiction of all civil actions arising under federal law on the District Court.

If it were not for the existence of 28 U.S.C. § 1251(a), Mississippi's arguments would be quite plausible. We have said more than once that our original jurisdiction should be exercised only "sparingly." See Wyoming v. Oklahoma, 502 U.S. ----, ----, 112 S.Ct. 789, 798, 117 L.Ed.2d 1 (1992); Maryland v. Louisiana, 451 U.S. 725, 739, 101 S.Ct. 2114, 2125, 68 L.Ed.2d 576 (1981); Arizona v. New Mexico, 425 U.S. 794, 796, 96 S.Ct. 1845, 1846, 48 L.Ed.2d 376 (1976). Indeed, Chief Justice Fuller wrote nearly a century ago that our original "jurisdiction is of so delicate and grave a character that it was not contemplated that it would be exercised save when the necessity was absolute." Louisiana v. Texas, 176 U.S. 1, 15, 20 S.Ct. 251, 256, 44 L.Ed. 347 (1900). Recognizing the "delicate and grave" character of our original jurisdiction, we have interpreted the Constitution and 28 U.S.C. § 1251(a) "as making our original jurisdiction "obligatory only in appropriate cases," Illinois v. City of Milwaukee, 406 U.S. 91, 93, 92 S.Ct. 1385, 1388, 31 L.Ed.2d 712 (1972), and as providing us "with substantial discretion to make case-by-case judgments as to the practical necessity of an original forum in this Court," Texas v. New Mexico, 462 U.S. 554, 570, 103 S.Ct. 2558, 2568, 77 L.Ed.2d 1 (1983).

We first exercised this discretion not to accept original actions in cases within our nonexclusive original jurisdiction, such as actions by States against citizens of other States, see Ohio v. Wyandotte Chemicals Corp., 401 U.S. 493, 91 S.Ct. 1005, 28 L.Ed.2d 256 (1971), and actions between the United States and a State, see United States v. Nevada, 412 U.S. 534, 93 S.Ct. 2763, 37 L.Ed.2d 132 (1973). But we have since carried over its exercise to actions between two States, where our jurisdiction is exclusive. See Arizona v. New Mexico, supra; California v. West Virginia, 454 U.S. 1027, 102 S.Ct. 561, 70 L.Ed.2d 470 (1981); Texas v. New Mexico, supra. Determining whether a case is "appropriate" for our original jurisdiction involves an examination...

To continue reading

Request your trial
52 cases
  • Matter of Celotex Corp.
    • United States
    • United States Bankruptcy Courts. Eleventh Circuit. U.S. Bankruptcy Court — Middle District of Florida
    • April 1, 1993
    ...has exclusive jurisdiction not only of the debtor's property, but also of the property of the estate. Cf. Mississippi v. Louisiana, ___ U.S. ___, 113 S.Ct. 549, 121 L.Ed.2d 466 (1992). Exclusive jurisdiction suggests a narrowing of any characterization of a matter being within the private r......
  • Open Inns, Ltd. v. Chester County Sheriff's Dept., CIV. A. 97-4822.
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • October 20, 1998
  • DePugh v. Penning, C 93-0226.
    • United States
    • U.S. District Court — Northern District of Iowa
    • May 26, 1995
  • South Carolina v. North Carolina, 138, Orig.
    • United States
    • U.S. Supreme Court
    • October 13, 2009
    ...retain "substantial discretion" to decide whether a particular claim requires "an original forum in this Court," Mississippi v. Louisiana, 506 U.S. 73, 76, 113 S.Ct. 549, 121 L.Ed.2d 466 (1992) (internal quotation marks omitted). Respect for state sovereignty also calls for a high threshold......
  • Request a trial to view additional results
1 books & journal articles
  • Unpacking Third-Party Standing.
    • United States
    • Yale Law Journal Vol. 131 No. 1, October 2021
    • October 1, 2021
    ...e.g., Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 507 (1947); Shapiro, supra note 128, at 555-57. (132.) See, e.g., Mississippi v. Louisiana, 506 U.S. 73, 76 (1992) (noting the Court's discretionary power to decline to exercise its original jurisdiction); Ohio v. Wyandotte Chems. Corp., 401 U.......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT