Can Gov use of executive privilege, when
“The Tucker Act is a jurisdictional statute that also waives the federal
government’s sovereign immunity from suit”

http://ilj.law.indiana.edu/articles/88/88_1_Sisk.pdf

The Tucker Act is a jurisdictional statute that also waives the federal
government’s sovereign immunity from suit and authorizes monetary claims
“founded either upon the Constitution, or any Act of Congress, or any regulation of
an executive department, or upon any express or implied contract with the United
States, or for liquidated or unliquidated damages in cases not sounding in tort.”
44
Trial court jurisdiction over “Big” Tucker Act claims against the United States is
assigned by § 1491(a)(1) to the CFC. District Courts retain concurrent jurisdiction
over Tucker Act claims for $10,000 or less under § 1346(a)(2), which is commonly
known as the “Little” Tucker Act.

  • Should not this also mean provisions of HERA related to
    judicial review do not apply in Court of Fed Claims?

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