Petition of the day

By Kate Howard
on Jun 15, 2016 at 11:13 pm

The petition of the day is:

Issue: (1) Whether the Federal Circuit impermissibly broadened the scope of 28 U.S.C. § 1500’s jurisdictional bar and deviated from settled precedent when it construed this Court’s straightforward “substantially the same operative facts” standard, United States v. Tohono O’odham Nation, to mean “arising out of the same transaction;” and (2) whether, in the absence of clear congressional intent to bar constitutional claims, § 1500 should be construed to preclude Fifth Amendment takings claims and, if so, whether such an interpretation would be unconstitutional.