Allan Wayne Morton v. The United States

I

I dissent. In summary, my reasons are:

1. Colonel Morton has no unsatisfied claim for statutory pay. Morton’s claim has been discharged by payment to the Alabama court even if the underlying judgment were void or had been set aside. An employee has no claim against his employer for failing to litigate the validity of a preexisting judgment on which garnishment is based.

2. The United States has specifically reserved its immunity from suit (whether viewed as a statutory claim, a violation of fiduciary duty, a suit for wrongful garnishment, or an action based on abuse of administrative…