State of Kansas v. States of Nebraska and Colorado. — Scalia, J., Concurring in Part and Dissenting in Part

Summary

Justice Scalia and Justice Thomas concurred in part and dissented in part from the Court's resolution of a water compact dispute. They agreed Nebraska breached the Compact but opposed awarding disgorgement for non-deliberate breach or reforming the Settlement absent mutual mistake. They emphasized applying ordinary contract law principles and warned against unbounded equitable powers.