This feels like the perfect moment to remind ourselves (and, well, the President's lawyers) about the U.S. Court of Federal Claims. Shall we have a chat about it? Let's. ⚖️🧵 https://twitter.com/steve_vladeck/status/1326975988752920577
As our beloved Federal Judicial Center reminds us (😚 @FedJudicialHist), the U.S. Court of Federal Claims was established by the Federal Courts Improvement Act of 1982 (96 Stat. 25). That make this court relatively young (and let's be honest - anything younger than me is a 👶).
Again, as the FJC tell us, the new court assumed the original jurisdiction of the U.S. Court of Claims, which had operated since 1855 (so, that court was a 👵, not a 👶) and was abolished by the act of 1982. (Always gotta make way for the next generation of courts...)
Now, the 1982 act granted the U.S. Claims Court jurisdiction to hear money claims against the federal government based on the Constitution, statute, executive department regulations, or government contracts...
And here's the part the President's lawyers need to pay attention to (🚨): as the FJC tell us, "typical cases might involve disputes concerning tax refunds, federal contracts, federal takings of private property, or government employees' pay." (I.e., not their current lawsuit.)
There's so much more to say about this lovely court, including that it was established under Article I of the Constitution (so Article III groupies, this may not be the court for you). But for now, the important lesson is it's not the court for the President's lawyers either. Fin
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