Should the Court revisit its holding in Tohono to determine whether, under 28 U.S.C. § 1500, a U.S. District Court action solely for injunctive or declaratory relief under the Administrative Procedure Act is 'for or in respect' to a 'claim' against the United States in the United States Court of Federal Claims for money damages?

QUESTION PRESENTED In relevant part, 28 U.S.C. § 1500 states that “The United States Court of Federal Claims shall not have jurisdiction of any claim for or in respect to which the plaintiff ... has pending in any other court ... against the United States[.]” In United States v. Tohono O’Odham Nation, the Court held that “two suits are for or in respect to the same claim, precluding jurisdiction in the CFC, if they are based on substantially the same operative facts, regardless of the relief sought in each suit.” 563 U.S. 307, 317 (2011). The question presented is: Should the Court revisit its holding in Tohono to determine whether, under 28 U.S.C. § 1500, a U.S. District Court action solely for injunctive or declaratory relief under the Administrative Procedure Act is “for or in respect” to a “claim” against the United States in the United States Court of Federal Claims for money damages? 4866-3826-8677, v. 2