Seaside Farm, Inc. v. United States

(1) Whether this Court should resolve the split among the Circuit Courts and reaffirm its holding in Indian Towing Co. v. United States; (2) whether this Court should resolve the split among the Circuit Courts and find that the discretionary function exception is an affirmative defense to liability that the Government must prove, and (3) whether this Court should resolve the split among the Circuit Courts and confirm that under Berkovitz v. United States and United States v. Gaubert, the discretionary function exception does not apply if a federal policy specifically prescribes a course of conduct, or if an agency's conduct in failing to execute its decision does not involve an element of judgment, that judgment is not the kind that the discretionary function exception was designed to shield.