Brown & Williamson, Ltd. v. United States

I respectfully dissent.

I. The Jursidictional Question

At the outset we have a very serious jurisdictional question by reason of the provisions of Title 28, § 1502, which provides as follows:

§ 1502. Treaty cases

Except as otherwise provided by Act of Congress, the Court of Claims shall not have jurisdiction of any claim against the United States growing out of or dependent upon any treaty entered into with foreign nations.

The Supreme Court and our court have held that the statute deprives us of jurisdiction if the right itself, which the petition makes to be the foundation of the claim, has its…