State of CALIFORNIA v. State of WEST VIRGINIA

The State of California invokes this Court's jurisdiction to adjudicate a controversy with the State of West Virginia arising out of an alleged breach of contract covering athletic contests between two state universities. Congress has provided that this Court's jurisdiction over controversies between two States is exclusive.* Although the Court has explained why it will decline to exercise its nonexclusive jurisdiction over cases in which only one of the parties is a State, see Ohio v. Wyandotte Chemicals Corp., 401 U.S. 493, 91 S.Ct. 1005, 28 L.Ed.2d 256, that explanation is inapplicable to cases in which our jurisdiction is exclusive. The fact that two sovereign States have been unable to resolve this matter without adding to our burdens does not speak well for the statesmanship of either party but does not, in my opinion, justify our refusal to exercise our exclusive jurisdiction under 28 U.S.C. § 1251(a) (1976 ed., Supp. III). I would grant the motion for leave to file and refer the case to a special master.