Gould ex rel. Gould v. U.S. Department of Health & Human Services

The majority, I believe, misconstrues the clear language of 28 U.S.C. § 2401(b), disregards decisions of this Circuit and the Supreme Court, and exceeds this Court’s authority by creating a blanket exception to the limitation on the federal government’s consent to be sued — rewriting, in effect, the terms and reach of the statute. The majority not only creates an exception to the language of the statute, but in the process changes the purpose of the limitation provision by formulating an open-ended rule which absolves prospective plaintiffs of their burden and obligation to exercise…