Love v. United States

O’SCANNLAIN, Circuit Judge, with whom POOLE, WILLIAM A. NORRIS, CYNTHIA HOLCOMB HALL, and KOZINSKI, Circuit Judges, join,

dissenting:

By denying rehearing, a majority of this court has effectively determined that the following proposition is legally sound: the federal government may be held liable for tort damages under state law for the breach of duties that arise solely as a matter of federal contract law. Because this proposition offends the Supremacy Clause, eviscerates the Tucker Act, intrudes upon the exclusive jurisdiction of the Claims Court, allows the states to override federal…