Government Contracts and the Federal Circuit: A History of Judicial Remedies Against the Sovereign
Journal of the Federal Circuit Historical Society, Volume 8, 2014
15 Pages Posted: 20 Mar 2016
Date Written: 2014
This article reviews the origins and history of the government contracts jurisdiction of the U.S. Court of Appeals for the Federal Circuit. The foundations of this jurisdiction extend back to efforts in the early 1800s to create a mechanism to enforce judicially the Government’s obligations and to reduce the in flux of private petitions before Congress. These efforts led to the creation of an exclusive judicial forum designed to decide claims against the Government. This forum, which was known as the Court of Claims, existed for more than 120 years until Congress passed the Federal Courts Improvement Act of 1982 and created the Federal Circuit by merging the Court of Claims with the Court of Customs and Patent Appeals.
Keywords: government contracts, federal circuit, sovereign remedies, jurisdiction, public procurement
JEL Classification: H57, K12, K23, K41
Suggested Citation: Suggested Citation