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Our coverage of Judge Brett Kavanaugh’s nomination to the Supreme Court is available at this link.

Evans v. United States

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-1516 1st Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the Supreme Court’s prior precedent applying the discretionary-function exception to the Federal Tort Claims Act to government employees acting on the operational level should be modified to accord with Justice Antonin Scalia’s concurring opinion in United States v. Gaubert; (2) whether the Supreme Court should resolve the circuit split regarding which party has the burden of proof under the discretionary-function exception to the Federal Tort Claims Act; and (3) whether Gaubert should be clarified to reaffirm that government policy, as applicable to the discretionary-function exception, may be established on a case-by-case basis and formed in partnership with a state government based on local conditions under that state’s statute, regulation or policy.

SCOTUSblog Coverage

DateProceedings and Orders
May 04 2018Petition for a writ of certiorari filed. (Response due June 7, 2018)
Jun 07 2018Waiver of right of respondent United States to respond filed.
Jun 13 2018DISTRIBUTED for Conference of 9/24/2018.
Term Snapshot