Cite as: 508 U. S. 200 (1993)
Syllabus
another court "for or in respect to" the claim raised in the Court of Federal Claims. That comparison turns on whether the plaintiff's other suit is based on substantially the same operative facts as the Court of Federal Claims action, at least if there is some overlap in the relief requested, see Ex parte Skinner & Eddy Corp., 265 U. S. 86; Corona Coal Co. v. United States, 263 U. S. 537, not on whether the actions are based on different legal theories, see British American Tobacco Co. v. United States, 89 Ct. Cl. 438 (per curiam). Since this interpretation of § 1500's immediate predecessor represented settled law when Congress reenacted the "for or in respect to" language in 1948, the presumption that Congress was aware of the earlier judicial interpretations and, in effect, adopted them is applied here. Thus, the Court rejects Keene's theory that § 1500 does not apply here because the other pending suits rested on legal theories that could not have been pleaded in the Court of Federal Claims. Pp. 210-214. (c) There is no need to address the question whether the Court of Appeals's construction of § 1500 is "a new rule of law" that ought to be applied only prospectively under the test set out in Chevron Oil Co. v. Huson, 404 U. S. 97, because Keene's claims were dismissed under well-settled law. Finally, Keene's policy arguments should be addressed to Congress. Pp. 215-218. 962 F. 2d 1013, affirmed.
Souter, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Blackmun, O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. Stevens, J., filed a dissenting opinion, post, p. 218.
Richard D. Taranto argued the cause for petitioner. With him on the briefs were Joel I. Klein, John H. Kazanjian, Irene C. Warshauer, Stuart E. Rickerson, and John G. O'Brien.
Deputy Solicitor General Wallace argued the cause for the United States. On the brief were Acting Solicitor General Bryson, Assistant Attorney General Gerson, Deputy Solicitor General Mahoney, Robert A. Long, Jr., and Barbara C. Biddle.*
*Briefs of amici curiae urging reversal were filed for the State of Alaska by Charles E. Cole, Attorney General, and Ronald G. Birch; for the State of Hawaii by Robert A. Marks, Attorney General, and Steven S. Michaels, Deputy Attorney General; for the Chamber of Commerce
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