Augustin S. James v. Louis Caldera, Secretary of the Army and Philip J. Schrock

I write in dissent for two reasons. First, I believe that the majority’s analysis is in direct conflict with the precedent of this court and the Supreme Court. Second, I view the majority’s holding as frustrating the legislative purpose of the Tucker Act as amended and likely to create unnecessary confusion, unpredictability, expense, and delay in the litigation of claims for military pay and benefits.

Section 702 of the APA permits district court review of agency actions provided that the suit is “seeking relief other than money damages.” Even then, however, section 704 prohibits APA review…