Congress does not impermissibly invade the Article III judicial power by enacting legislation that applies retroactively and determines the outcome of pending cases. Congress violates Article III only when it compels findings or results based on old law, not when it changes the law to dictate the outcome of pending cases. Also, Congress may reassert sovereign immunity it had previously waived. Here, Congress validly stripped the federal courts of jurisdiction to hear this challenge to the building of a casino on Indian lands and reasserted its sovereign immunity to suit over whether the Secretary of the Interior should have taken the land into trust to avoid the casino construction.
U.S. Supreme Court (Thomas, J.; Robert, C.J., dissenting); February 27, 2018; 2018 WL 1054880.