NAME: Gary Thacker, et ux., Petitioners v. Tennessee Valley Authority
JOINING: Roberts, Thomas, Ginsburg, Breyer, Alito, Sotomayor, Gorsuch, Kavanaugh
Case CommentaryAs I understand the case and the law (which might not be that well, so reader beware), this appears to be a straightforward case... so straightforward, one wonders how it ever got to the Supreme Court.
The Tennessee Valley Authority (TVA) is a government created corporation. There are a lot of these. And in it's Founding Charter, Sovereign Immunity is waived.
The Federal Tort Claims Act (FTCA) waives Sovereign Immunity, as well. But it excludes the TVA... and Discretionary Employee Action.
Now, where Discretionary Employee Action begins and ends could be a difficult needle to thread, as where Policy Ends and Subjective Implementation of that Policy Begins will always be hazy and unclear.
Yes. Yes. The clerk had to use Form FL-67-2R. But they chose to fill it out in blue ink, not black. And by its very nature, the handwriting is highly personal.Sure, my example is ridiculous.
But then, the Legal System is ridiculous.
Thankfully, we need not concern ourselves with that problem (for the moment, anyhow), as the case does not revolved around the definition of Discretionary Action, but whether the TVA can be sued for Discretionary Action.
- Can the TVA be sued (you know, per the TVA)?
- End of case.
- But what about the FTCA?
- Well, the FTCA does not apply to the TVA.
- But if it did, Discretionary Actions would be Excluded.
- But the TVA is still excluded.
The Court does carve out an exception (to being able to sue the TVA or some other Governmental Organization under the FTCA) if being sued would cause 'Grave Interference'. But as most Citizens would (I assume) consider a lawsuit (of any sort) to be 'Grave Interference', I hardly see how that should be an exception... or will clarify matters in the least.
In the end, all it means is that The Court has made its decision... but reserves the right to reverse on the specifics of any future case before it.
Welcome to the Legal System.