Turner v. Astrue

MEMORANDUM OPINION & ORDER

AMUL R. THAPAR, District Judge.

Of all the canons of statutory construction, one of the most well established is the rule that waivers of sovereign immunity must be strictly construed. “[T]he United States, as sovereign, is immune from suit[.]” United States v. Testan, 424 U.S. 392, 399, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976). If Congress decides to depart from this “background of complete immunity,” United States v. Shaw, 309 U.S. 495, 502, 60 S.Ct. 659, 84 L.Ed. 888 (1940), and subject taxpayer funds to the expense of legal liability, the conditions and limitations of…