Carrie A. McMellon Lori Dawn White Kathy D. Templeton Cheri Call v. United States of America United States Army Corps of Engineers

The separation-of-powers analysis on the strength of which the majority judicially engrafts upon the Suits in Admiralty Act (SIAA), 46 U.S.C. app. §§ 741-52 (2000), a discretionary function exception is one of the most far-reaching and obviously illegitimate (as a matter of established constitutional doctrine) of any separation-of-powers analysis that I have encountered during my time on the federal bench. It is plain that, in judicially forbidding the “clear and unequivocal” waiver of sovereign immunity that both the Congress and the Executive agreed upon in the SIAA, the court fundamentally…