Trump Points to Contract Law to Justify His Cost-Cutting Moves

Litigation attorney Steven Gordon was quoted in a Bloomberg Law article discussing the Trump Administration's strategy to defend grant cuts and policy shifts by channeling challenges to the U.S. Court of Federal Claims under the Tucker Act as breach of contract cases. The piece highlights an emerging circuit split, with arguments before the U.S. Court of Appeals for the District of Columbia Circuit that could clarify whether grant terminations belong in the Claims Court or district courts. Mr. Gordon observed that a majority of U.S. Supreme Court justices seem inclined to steer grant termination disputes to the Claims Court, leaving questions about constitutional or retaliatory motives for the district courts to resolve.

"Whether district courts should address cases where there's a constitutional or vindictiveness claim remains unclear," he said. "But the majority of the Supreme Court wants to funnel most grant termination cases to the COFC."

READ: Trump Points to Contract Law to Justify His Cost-Cutting Moves