and (3) both cases involved the same cause of action and the same parties. Hillary, 123 F.3d at 1044 n. 2.; NAACP I, 125 F.3d at 1174. Regarding the first criterion, we have concluded already that the district court properly exercised feder al subject matter jurisdiction to render the Canady I judgment. However, appellants primarily dispute the second criterion of the res judicata test, contending that a dismissal without prejudice for lack of standing does not constitute a final judgment on the merits and therefore does not trigger the doctrine of res judicata. The relitigation exception is narrowly construed and allows a district court to enjoin litigation of only those claims and issues that the district court has already decided. See Chick Kam Choo, 486 U.S. at 146, 108 S.Ct. 1684 (<HOLDING>) (quoting Atlantic Coast Line, 398 U.S. at 287,
recognizing rule of statutory construction that statutes must be read as a whole and sections which are part of the same general statutory scheme must be construed together and each given effect if it can be done by any reasonable construction holding that matters of statutory construction are questions of law for the court to decide rather than issues of fact holding that the exceptions are narrow and are not to be enlarged by loose statutory construction  holding that arguments that are not raised or that are not accompanied by factual and legal support are deemed waived holding that the court may not under the guise of statutory construction rewrite a statutory provision