Talk:Tucker Act
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[edit] Price-Anderson Nuclear Industries Indemnity Act
The Tucker Act is very important to Price-Anderson, since in the event of a nuclear accident where compensation claims exceed $10 billion, Congress is required to act to cover the excess claims. The Supreme Court specifically stated that if Congress didn't act, te Tucker Act could be invoked. Simesa 08:33, 16 December 2005 (UTC)
[edit] Other aspects of the Tucker Act
I believe at least part of 28 U.S.C. sec. 1346(a) is also a "descendant" of the Tucker Act (maybe other parts of 28 USC as well??), if somebody wants to expand the scope of this article. I'd love to look into it myself, but not right now. A moderately interesting case on the Tucker Act in the context of taxation, for example, is United States v. Emery, Bird, Thayer Realty Co., 237 U.S. 28 (1915). Famspear 18:42, 16 December 2005 (UTC)
Yes, 28 USC 1346(a), giving federal courts concurrent jurisdiction, is often referred to as "little tucker act"; it is mentioned in the article. I did not feel that it needed to be specifically referred, however.
Also, I'm deleting the mention of "discretionary" budget. I'm pretty sure if the Congress expressly allowed an agency to take funds out of its appropriations for the specific purpose of paying a certain kind of judgments, courts would have no problem holding that the agency must follow congressional directive. For example, U.S. Appropriations Law Manual published by the GAO (which used to oversea the U.S. Treasury Fund and which manual is still used by U.S. Treasury) makes no distinction between discretionary budget and mandatory budget; the issue is congressional intent. Saltyseaweed 02:52, 10 January 2006 (UTC)
