With no explanation, chose the best option from "A", "B", "C" or "D". By Res Judicata. Res judicata, or claim preclusion, will bar a second suit if: (1) there is identity of parties (or their privies); (2) there has been an earlier final judgment on the merits of a claim; and (3) the second claim is based on the same set of transactional facts as the first. Jet, 223 F.3d at 1362. Res judicata applies to “claims that were raised, or could have been raised, in the prior action.” Int'l Nutrition Co. v. Horphag Research, Ltd., 220 F.3d 1325, 1328 (Fed.Cir.2000). In this case, the parties to the two actions at issue are identical. Although the named defendant in the District Court was the Secretary of the Navy and the named defendant in this ease is the United States, both represent the United States. See Smith v. United States, 59 Fed.Cl. 64, 67 (2003) (<HOLDING>). As to the second requirement, the District

A: holding that the fourteenth amendment which makes persons bom in the united states and subject to its jurisdiction citizens of the united states and requires that representatives be apportioned among the states based on population excluding indians not taxed did not make an indian a citizen of the united states
B: holding that the commandant of the united states disciplinary barracks and the united states are identical parties
C: recognizing federal constitutional claim against the united states
D: holding that the plaintiff must demonstrate that defendants contacts with the united states as a whole support the exercise of jurisdiction consistent with the constitution and laws of the united states
B.