Petition of the day

Issues:(1) Whether the Supreme Courts prior precedent applying the discretionary-function exception to the Federal Tort Claims Act to government employees acting on the operational level should be modified to accord with Justice Scalias concurring opinion inUnited States v. Gaubert; (2) whether the Supreme Court should resolve the circuit split regarding which party has the burden of proof under the discretionary-function exception to the Federal Tort Claims Act; and (3) whetherGaubertshould be clarified to reaffirm that government policy, as applicable to the discretionary-function exception, may be established on a case-by-case basis and formed in partnership with a state government based on local conditions under that states statute, regulation or policy.