The Administrative Conference of the United States has long had an interest in ensuring appropriate judicial review of Government actions and in considering related questions regarding jurisdiction and forum. For example, the Conference’s seminal Recommendation 69-1 recommended amendment of the Administrative Procedure Act—subsequently enacted by Congress—to waive sovereign immunity and thereby permit citizens “...
Reform of 28 U.S.C. § 1500
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Committee:
Project Stages:
1. Gather ideas - Completed2. Select ideas - Completed
3. Council approval - Completed
4. Picking a researcher - Completed
5. Committee consideration - Completed
6. Back to the council - Completed
7. Consideration by the full conference - Completed
8. Implementation - Current
Stage:
8. Implementation
Status Notes:
Recommendation Adopted on Dec. 6, 2012
Contacts
Committee Chair
William R. Orthwein Distinguished Professor of Law
Washington University School of Law
314.935.6490
levin@wulaw.wustl.edu
In-House Researcher
Kahan Family Research Professor of Law
George Washington University Law School
Recommendation 2012-6, “Reform of 28 U.S.C. Section 1500,” urges Congress to repeal Section 1500, which divests the U.S. Court of Federal Claims of jurisdiction when a plaintiff has claims against the government based on substantially the same operative facts pending in another court, and replace it with a provision that would create a presumption that in such circumstances, later-filed actions would be stayed. The Administrative Conference Member from the Department of Justice filed a separate statement noting the Department's disagreement with the recommendation, which is printed following the recommendation.
Related Recommendations
Final Recommendation
- Recommendation number: 2012-6
- Adopted on: December 6, 2012
- Committees: Judicial Review
Implementation
Shortly after the Conference adopted Recommendation 2012-6, the American Bar Association's House of Delegates adopted Resolution 300, urging Congress to repeal and replace Section 1500 in accord with the Conference's recommendation. The resolution was offered by the Section of Public Contract Law and co-sponsored by the Section of Administrative Law and Regulatory Practice.
Project Documents
Committee Meetings & Events
October 3, 2012 Committee Meeting(Committee on Judicial Review)
October 3, 2012 - 2:00 pm EDT
Location name:
1120 20th St. NW, Suite 706 S, Washington, DC
October 17, 2012 Committee Meeting(Committee on Judicial Review)
October 17, 2012 - 2:00 pm EDT
Location name:
Administrative Conference of the United States
57th Plenary Session
December 6, 2012 - 2:00 pm EST
December 7, 2012 - 9:00 am EST
Location name:
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW, Washington, DC 20581, Main Conference Room
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