In previous years, the Court released ... (click to view)
Editor's Note :
In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.
Issue: Whether the Fifth Circuit erred when, in direct conflict with the Eighth and Ninth Circuits, it held that the discretionary function exception to the Federal Tort Claims Act shields the government from liability for negligence that results when the failure to follow objective, scientific principles causes a decision maker to forgo action resulting in harm to persons or property.