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1 Reform of 28 U.S.C. Section 1500 1 (2012)

handle is hein.usfed/rfuscs0001 and id is 1 raw text is: 






               ADMINISTRATIVE CONFERENCE OF THE UNITED STATES



           Administrative Conference Recommendation 2012-6

                       Reform of 28 U.S.C. Section 1500

                                Adopted  December  6, 2012



       The Administrative Conference of the United States has long had an interest in ensuring

appropriate judicial review of Government actions and in considering related questions

regarding jurisdiction and forum. For example, the Conference's seminal Recommendation 69-

1 recommended amendment of the Administrative Procedure Act-subsequently enacted by

Congress-to  waive sovereign immunity and thereby  permit citizens to challenge in courts the

legality of acts of governmental administrators.' Recommendation 68-7 encouraged Congress

to revise the general federal question provision in Title 28 of the U.S. Code in order to

eliminate the jurisdictional-amount requirement for district court actions seeking review of

federal administrative actions.2 The Conference  has also recommended ways to improve

procedures in suits involving the federal government.


       Building upon  the  principles underlying such  Recommendations,   the  Conference

addresses another bar to judicial review which deprives some litigants of their rights-28 U.S.C.

§ 1500  (Section 1500). Section 1500  prohibits consideration by the United States Court of


I Administrative Conference of the United States, Recommendation 69-1, Statutory Reform of the Sovereign
Immunity Doctrine, 1 ACUS 23 (1969).

2 Administrative Conference of the United States, Recommendation 68-7, Elimination of Jurisdictional Amount
Requirement in Judicial Review, 1 ACUS 22 (1968).

E.g., Administrative Conference of the United States, Recommendation 80-5, Eliminating or Simplifying the Race
to the Courthouse in Appeals From Agency Action, 45 Fed. Reg. 84,954 (Dec. 24, 1980); Administrative Conference
of the United States, Recommendation 82-3, Federal Venue Provisions Applicable to Suits Against the United
States, 47 Fed. Reg. 30,706 (June 18, 1982).


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