Hopkins v. United States

I respectfully dissent.This court does not have jurisdiction to bear tbe merits of this case. The majority would have us take jurisdiction over a type of claim in which the government is immune from suit as sovereign and in which a clear reading of the case law and legislative history of the 1970 amendment to the Tucker Act shows that Congress has not explicitly waived immunity by giving consent to be sued in this kind of case.

The jurisdiction of this court is limited by the Tucker Act to claims “founded either upon the Constitution, or any Act of Congress, or any regulation of an executive…