United States v. Bormes - Post-Decision SCOTUScast
SCOTUScast 11-21-12 featuring Phil Pucillo
November 21, 2012Philip Pucillo
To listen, please right click on the audio file you wish to hear and then select "Save Link As..." or "Save Target As..." After you save the audio file to your computer, you can then listen to it in your audio player of choice.
United States v. Bormes - Post-Decision SCOTUScast - MP3
Running Time: 00:13:18
On November 13, 2012 the Supreme Court announced its decision in United States v. Bormes. The question in this case was whether the Little Tucker Act waives the sovereign immunity of the United States in damages actions under the Fair Credit Reporting Act (FCRA), meaning the United States could be sued by a private individual for violating FCRA and ordered to pay monetary compensation. A federal appellate court determined that the Little Tucker Act did indeed allow recovery in money damages.
In an opinion delivered by Justice Scalia, the Supreme Court vacated the decision of the appellate court, holding unanimously that the Little Tucker Act does not waive the sovereign immunity of the United States in damages actions under FCRA. The Court then remanded the case for transfer to a different appellate court, to determine whether FCRA itself contains a waiver of sovereign immunity in damages actions against the government.
To discuss the case, we have Phil Pucillo, who is a Lecturer in Law at Michigan State University College of Law.
[Return to the SCOTUScast menu]
|Opinion - November 13, 2012 (PDF)|
|Oral Argument Transcript - October 2, 2012 (PDF)|