Jurisdiction Argument in USAID Dissent Is Up for Debate

Litigation and Dispute Resolution attorney Steven Gordon recently authored a Law360 article examining the U.S. Supreme Court's 5-4 decision to uphold a district court order requiring the U.S. Agency for International Development (USAID) and U.S. Department of State to release $2 billion in frozen foreign aid for completed work. The article highlights what Mr. Gordon views as a key question raised by the case: What federal court has jurisdiction over a challenge by a contractor or grantee to an action taken by the U.S. government? The Supreme Court did not answer this question in its emergency docket ruling, but the four dissenting justices argued claims related to work already completed belong in the U.S. Court of Federal Claims instead of district courts. This jurisdictional question is significant and remains open to debate among legal professionals.

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