Reading Room Document

Constitutionality of Replacing Federal Tort Claims Act Liability With an Administrative Claims System

Congress may withdraw its waiver of sovereign immunity in the Federal Tort Claims Act for presently pending claims of radiation fallout victims, whether or not any administrative claims system is created as a substitute. If it does not withdraw its waiver of sovereign immunity, Congress may substitute an administrative claims system for a judicial cause of action without offending due process, as long as the new remedy is fair and adequate when compared to the old one. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/24411/download.

March 25, 1980