Cite as: 508 U. S. 200 (1993)
Stevens, J., dissenting
lation of an executive department, or upon any express or implied contract with the United States," 28 U. S. C. § 1491(a)(1), and "jurisdiction to render judgment upon any claim by a disbursing officer of the United States . . . ," 28 U. S. C. § 1496 (emphases added). See also §§ 1497 and 1499 (granting jurisdiction to "render judgment" over other claims).2 Section 1500, by contrast, "takes away jurisdiction even though the subject matter of the suit may appropriately be before the Claims Court." UNR Industries, Inc. v. United States, 962 F. 2d 1013, 1028 (CA Fed. 1992) (Plager, J., dissenting) (emphasis deleted). It is only reasonable to assume that the "jurisdiction" § 1500 takes away is the same as the "jurisdiction" surrounding Code provisions bestow: the jurisdiction to enter judgment.
The text of § 1500 simply provides that the Court of Federal Claims " 'shall not have jurisdiction' over a claim '. . . which' the plaintiff . . . 'has pending' in any other court . . . ." Ante, at 207 (emphasis added). Accordingly, so long as a plaintiff has pending another suit in another court, the Court of Federal Claims may not adjudicate the plaintiff's claim, even though its subject matter would otherwise bring it within the court's jurisdiction. The Government may invoke this exception by putting such a plaintiff to his choice: either "leave the other courts," n. 1, supra, or forgo further proceedings in the Court of Federal Claims. If the plaintiff declines to leave the other courts, then the Court of Federal Claims is without jurisdiction to proceed with the case before it, though it may retain the case on its docket pending disposition of the other action. Hossein v. United States, 218 Ct. Cl. 727 (1978). But if the plaintiff does dismiss his other action, then the Court of Federal Claims is free to decide his case. Section 1500 was so construed over a quarter
2 Sections immediately following § 1500 use similar language with respect to other types of claims. See 28 U. S. C. §§ 1503, 1508.
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