D. Ross Beins v. United States

SPOTTSWOOD W. ROBINSON, III, Chief Judge,

concurring:

I join in the court’s judgment and, save on one point, in its opinion. Though I agree on affirmance, I have difficulty with the court’s position on the relationship of the discretionary function exemption to neurologic testing in airman medical certification procedures. I thus write to elucidate my approach to questions of application of the exemption, and to explain my grounds for a different outcome thereon.

I

The Federal Tort Claims Act imposes liability in damages upon the United States for the wrongful acts or omissions of its *611employees,1…