Kansas V. Nebraska: The United States Supreme Court Demonstrates That You Can Lead The Court To Water (Precedent), But You Can’t Make The Court Follow It

Abstract

INTRODUCTION|Historically, when the United States Supreme Court determines what remedy to apply in a lawsuit involving a dispute over an interstate compact, the Court looks to contract law. In Kansas v. Nebraska, the Court determined that they have broad equitable powers regarding an interstate water compact. In Kansas, the state of Kansas sued the state of Nebraska to enforce the terms of an interstate water compact, specifically, an agreement the two states had entered into along with Colorado in 1943. The Court decided the case in favor of Kansas, reasoning that the terms of the water compact needed to be modified in order to reflect the intentions of the states...