Case Law
What was Joseph Fausto's classification at the FWS under the CSRA?
Non preference excepted service member
What two main things does the Tucker Act provide to plaintiffs suing the United States?
1) A waiver of sovereign immunity and 2) jurisdiction for certain money claims in federal court
Which Justice wrote the dissenting opinion in White Apache Mountain Tribe?
Justice Clarence Thomas.
Who enacted the civil service reform act in 1978?
Jimmy Carter
What was the alleged misconduct in United States v. Fausto?
Unauthorized use of a government vehicle.
Before the CSRA, which subset of employees enjoyed a statutory right to appeal adverse personnel actions to the Civil Service Commission?
Veterans.
This type of law, not the Tucker Act itself, must provide the substantive right to recovery.
A money-mandating statute, regulation, or contract
Fill in the Blank: Mitchell I held that a ______ does not create a trustee relationship between a tribe and the United States.
Bare trust
Yes or No: Was the Supreme Court implicitly repealing the Back Pay Act by denying Fausto relief to appeal to the Claims Court?
No. Unlike what the amici argued, the Back Pay still allows appeal to the "appropriate authority" as consistent with the CSRA.
What later Supreme Court case adopted the Eastport Steamship test?
United States v. White Mountain Apache Tribe
Judicial review by the Claims Court/pre-CSRA relief.
This case distinguished between statutory violations that support Tucker Act claims and those that do not.
Eastport Steamship Corp. v. United States
True or False: The Tucker Act and Indian Tucker Act are jurisdictional statutes, which do not themselves create substantive causes of action.
True.
Under the ACA, this specific program reimbursed insurers for losses caused by unexpected risk among enrollees.
Risk corridors program
According to Alito, saying “the government shall pay” establishes this, but not necessarily an enforceable claim.
A duty
TRUE or FALSE: The Court in White Mountain Apache Tribe found that the 1960 Act gave rise to jurisdiction over suits for money damages against the United States.
True.
True or False: If Congress repeals funding but not the underlying duty to pay, the payment obligation is still enforceable.
True under the Tucker Act
Because the Indian Tucker Act waives sovereign immunity, a Court will view a claim under the _____ ______ rule.
Fair Interpretation.
Congress sometimes uses this type of legislative tool to restrict the use of funds appropriated for payments, as happened with ACA reimbursements.
Appropriation riders
Which Chapter of the Civil Service Reform Act governs personnel actions based on unacceptable job performance?
Chapter 43.
In Eastport Steamship, what was the test the court established for determining if a statute supports a Tucker Act claim?
Whether the statute “can fairly be interpreted as mandating compensation by the Federal Government for the damage sustained”
When the government’s decision involves policy judgment or discretion, Tucker Act jurisdiction fails because the duty isn’t this.
Mandatory
The Indian Tucker Act was first enacted in 1946 as part of the ________, 28 U.S.C. § 1505.
Indian Claims Commission Act (ICCA)
In ACA cases, the phrase “periodic and timely payments” was crucial because it clarified that the government’s duty was this.
Specific, quantifiable, and actionable
Which Court in Fausto found that the exclusion of non preference members of the excepted service from Chapter 75 was congressional silence and allowed pre-CSRA remedies?
The Court of Appeals.