Cite as: 522 U. S. 222 (1998)
Kennedy, J., concurring in judgment
of the Michigan courts. The majority pays scant attention to this circumstance, which becomes critical. The beginning point of full faith and credit analysis requires a determination of the effect the judgment has in the courts of the issuing State. In our most recent full faith and credit cases, we have said that determining the force and effect of a judgment should be the first step in our analysis. Matsushita Elec. Industrial Co. v. Epstein, 516 U. S. 367, 375 (1996); Marrese, supra, at 381-382; Haring, supra, at 314; see also Kremer, supra, at 466-467. "If the state courts would not give preclusive effect to the prior judgment, 'the courts of the United States can accord it no greater efficacy' under § 1738." Haring, supra, at 313, n. 6 (quoting Union & Planters' Bank v. Memphis, 189 U. S. 71, 75 (1903)); accord, Marrese, 470 U. S., at 384. A conclusion that the issuing State would not give the prior judgment preclusive effect ends the inquiry, making it unnecessary to determine the existence of any exceptions to full faith and credit. Id., at 383, 386. We cannot decline to inquire into these state-law questions when the inquiry will obviate new extensions or exceptions to full faith and credit. See Haring, supra, at 314, n. 8.
If we honor the undoubted principle that courts need give a prior judgment no more force or effect that the issuing State gives it, the case before us is resolved. Here the Court of Appeals and both parties in their arguments before our Court seemed to embrace the assumption that Michigan would apply the full force of its judgment to the Bakers. Michigan law does not appear to support the assumption.
The simple fact is that the Bakers were not parties to the Michigan proceedings, and nothing indicates Michigan would make the novel assertion that its earlier injunction binds the Bakers or any other party not then before it or subject to its jurisdiction. For collateral estoppel to apply under Michigan law, " 'the same parties must have had a full opportunity to litigate the issue, and there must be mutuality of estoppel.' " Nummer v. Treasury Dept., 448 Mich. 534, 542, 533
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