Mississippi v. Louisiana, 506 U.S. 73, 5 (1992)

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Cite as: 506 U. S. 73 (1992)

Opinion of the Court

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 (1971), and actions between the United States and a State, see United States v. Nevada, 412 U. S. 534 (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 (1981); Texas v. New Mexico, supra. Determining whether a case is "appropriate" for our original jurisdiction involves an examination of two factors. First, we look to "the nature of the interest of the complaining State," Massachusetts v. Missouri, 308 U. S. 1, 18 (1939), focusing on the "seriousness and dignity of the claim," City of Milwaukee, supra, at 93. "The model case for invocation of this Court's original jurisdiction is a dispute between States of such seriousness that it would amount to casus belli if the States were fully sovereign." Texas v. New Mexico, supra, at 571, n. 18. Second, we explore the availability of an alternative forum in which the issue tendered can be resolved. City of Milwaukee, supra, at 93. In Arizona v. New Mexico, for example, we declined to exercise original jurisdiction of an action by Arizona against New Mexico challenging a New Mexico electricity tax because of a pending state-court action by three Arizona utilities challenging the same tax: "[W]e are persuaded that the pending state-court action provides an appropriate forum in which the issues tendered here may be litigated." 425 U. S., at 797 (emphasis in original).

But Mississippi's argument for jurisdiction in the District

Court here founders on 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). Though phrased in terms of a grant of jurisdiction to this Court, the description of our jurisdiction as "exclusive" necessarily denies jurisdiction of

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