United States Court of Federal Claims
(Fed. Cl.)
Location
Appeals to
Established
1982 (predecessor court established in 1855)
Authority
Created by
Federal Courts Improvement Act
28 U.S.C. §§ 1491–1509
Composition method
Presidential nomination
with Senate advice and consent
Judges
16
Judge term length
15 years
The United States Court of Federal Claims (incase citations, Fed. Cl.orC.F.C.) is a United States federal court that hears monetary claims against the U.S. government. It was established by statute in 1982 as the United States Claims Court, and took its current name in 1992. The court is the successor to trial division of the United States Court of Claims, which was established in 1855.
The courthouse of the Court of Federal Claims is situated in the Howard T. Markey National Courts Building (onMadison Place across from the White House) in Washington, D.C.
The court traces its origins directly back to 1855, when Congress established the United States Court of Claims to provide for the determination of private claims against the United States government. The legislation was signed into law on February 24, 1855, by President Franklin Pierce. Throughout its 160-year history, although it has undergone notable changes in name, size, scope of jurisdiction, and procedures, its purpose has remained the same: in this court, the federal government stands as the defendant and may be sued by citizens seeking monetary redress. For this reason, the court has been referred to as the "keeper of the nation's conscience" and "the People's Court".
As originally in 1855, the court lacked the essential judicial power to render final judgments. This oversight was resolved by legislation passed in 1866, in response to President Abraham Lincoln's insistence in his Annual Message to Congress in 1861 that "It is as much the duty of Government to render prompt justice against itself, in favor of citizens, as it is to administer the same, between private individuals."
In 1887, Congress passed the Tucker Act, which significantly expanded the court's jurisdiction to include all claims against the government except tort, equity, and admiralty claims. The court thus today has nationwide jurisdiction over most suits for monetary claims against the government and sits, without a jury, to determine issues of law and fact. The general jurisdiction of the court, described in 28 U.S.C. § 1491,[1] is over claims for just compensation for the taking of private property, refund of federal taxes, military and civilian pay and allowances, and damages for breaches of contracts with the government. The court also possesses jurisdiction over claims for patent and copyright infringement against the United States, as well as over certain suits by Indian tribes.
Additionally, the court has jurisdiction to hear both pre-award and post-award bid protest suits by unsuccessful bidders on government contracts.
A unique aspect of the court's jurisdiction throughout its history has been the authority to act on congressional references of legislative proposals for compensation of individual claims. As eventually codified in 28 U.S.C. § 1492,[2] either House of Congress may refer a bill to the Chief Judge of the court for an investigation and a report to Congress. A judge of the court is assigned to act as the hearing officer and preside over the judicial proceedings. Then a three-judge review panel submits a report to Congress for its consideration and disposition of such claims for compensation.
Befitting its unique role, the court has been located throughout its history in Washington, D.C., in the vicinity of the White House or in the U.S. Capitol Building. It first met in May 1855 at Willard's Hotel. In July of that year, it moved into the Capitol. After briefly using the Supreme Court's chamber in the basement of the Capitol, it then acquired its own rooms there. In 1879, the court obtained space on the ground floor of the Freedman's Bank Building, which stood at the place now occupied by the Treasury Annex, adjacent to the southeast corner of Lafayette Park. Two decades later, in 1899, the court moved to the building formerly occupied by William Corcoran's art collection across Lafayette Park at the intersection of 17th Street and Pennsylvania Avenue.
It remained there for 65 years. This building was designed by, and is presently named for, the architect James Renwick, who also designed the Smithsonian Institution's Castle on the National Mall and St. Patrick's Cathedral in New York City. When the facilities there were deemed inadequate by the mid-1950s, the court asked Congress for a new location. Eventually, the site at 717 Madison Place, NW, was chosen and the court moved to its present home on August 1, 1967.
The court's original composition of three judges was expanded to five in 1863. They would consider evidence proffered by claimants and weigh testimony taken by permanent or special commissioners employed by the court, who were dispersed across the United States. One of the first commissioners was Benjamin Harrison of Indiana, who would later become President.[3] If oral argument was requested, the five judges would hear the case en banc. Appeal to the Supreme Court was by right if the amount in dispute was over $3,000. The growth in government caused by and coinciding with World War I made the system unworkable, as the number of filed cases increased considerably. In 1925, legislation enacted by Congress at the request of the court created a separate trial division of seven commissioners and elevated the five judges to an appellate role. Initially, the trial commissioners would function as special mastersinchancery and conduct formal proceedings either at the court's home in Washington, D.C., or elsewhere in the United States in a court facility amenable to the parties. The trial procedures evolved to resemble a non-jury civil trial in district court.
In 1948, the commissioners were authorized to make recommendations for conclusions of law. The number of commissioners was increased in 1953 to 15. In 1966, Congress provided that there would be seven appellate judges to be appointed by the President with life tenure. In 1973, the title of the commissioners was changed to trial judge and by 1977, the Court of Claims had 16 trial judges who conducted trials of cases in the first instance. Judgments, which are required to be paid out of appropriations by Congress, were originally paid by individual appropriations passed separately or as part of other appropriations bills. In 1955, Congress provided for a standing appropriation for judgments of $100,000 or less. Finally, in 1977, Congress created a permanent, indefinite appropriation for all judgments awarded by the court.
The Federal Courts Improvement Act of 1982 created the modern court.[4] While the appellate division of the Court of Claims was combined with the United States Court of Customs and Patent Appeals to comprise the new United States Court of Appeals for the Federal Circuit, the trial division of the Court of Claims became the United States Claims Court (and in 1992, the name was changed to the United States Court of Federal Claims).[5] Appeals from the Court of Federal Claims are taken to the United States Court of Appeals for the Federal Circuit and a judgment there is conclusive unless reviewed by the Supreme Court on writ of certiorari. Decisions of the Court of Claims are binding precedent on both its appellate and trial court successors.
The court, as now constituted, consists of 16 judges, appointed by the president and subject to confirmation by the U.S. Senate for terms of 15 years. In addition, judges who have completed their statutory terms of office are authorized to continue to take cases as senior judges of the court. This ongoing tenure serves as a mechanism to ensure judicial impartiality and independence.
In recent years, the court's docket has been increasingly characterized by complex, high-dollar demands, and high-profile cases in such areas as, for example, the savings and loan crisis of the 1980s, the World War II internment of Japanese-Americans, and the federal repository of civilian spent nuclear fuel.
Nevertheless, despite the nature of the claim, the notability of the claimant, or the amount in dispute, the Court of Federal Claims acts as a clearing house when the government must settle with those it has legally wronged. As observed by former Chief Judge Loren A. Smith, the court is the institutional scale that weighs the government's actions against the standard measure of the law and helps make concrete the spirit of the First Amendment's guarantee of the right "to petition the Government for redress of grievances".[6]
The National Childhood Vaccine Injury Act of 1986 gave the court the authority to create an Office of Special Masters to receive and hear certain vaccine injury cases, and the jurisdiction to review those cases.[7] This vaccine injury jurisdiction has been enlarged in recent years to encompass claims stemming from a number of additional vaccines, including, for example, varicella, hepatitis B, and influenza.
Though a provision of the Administrative Dispute Resolution Act of 1996 gave the Court of Federal Claims and U.S. district courts concurrent jurisdiction over post-award protests, subsequent legislation provided that, as of January 2001, the United States Court of Federal Claims would be the exclusive judicial forum for post-award bid protest litigation.
In 2006, the court rendered judgments in more than 900 cases and awarded $1.8 billion in damages.
The court has special jurisdiction, spelled out in 28 U.S.C. § 1491: it hears claims for monetary damages[8] that arise from the United States Constitution, federal statutes, executive regulations, or an express or implied in fact contract with the United States Government, most notably under the Tucker Act. The court is established pursuant to Congress's authority under Article One of the United States Constitution. The court has concurrent jurisdiction with U.S. district courts, when the claim is for less than $10,000, by the provisions of 28 U.S.C. § 1346. Claims have a statute of limitations of six years from the time the claim first accrues.[9]
The court has concurrent jurisdiction involving contracts with the federal government, where a contractor has the option of choosing between filing suit with the court or with the agency Board of Contract Appeals. The general rule is that a contractor may either 1) file suit within 90 days with the agency Board of Contract Appeals or 2) file suit within one year with the court. A contractor, however, must choose which forum in which to file; a contractor cannot file suit with both the agency Board and with the court. (However, in a case where a contractor has filed with the Board, and the Government challenges the timeliness of the filing – the 90-day limit is statutory and cannot be extended – the contractor can file with the court within the one-year period to protect its claims.)
Unlike district courts, which generally only have jurisdiction over disputes in their geographic district, the CFC has jurisdiction over disputes wherever they occur in the country. To accommodate litigants, judges on the court may hold trials at local courthouses near where the disputes arise.[10]
All trials at the court are bench trials, without juries. Because the court only hears cases against the Government, the United States is always the defendant in cases before the CFC.
The court receives a variety of claims against the government, including breach of contract claims, illegal exaction claims, takings claims under the 5th Amendment, claims involving military pay, claims for patent and copyright infringement against the government, federal tax refund claims, and protests regarding contract bidding procedures. According to the Court, tax refund suits make up a quarter of the claims brought before it, although the court exercises concurrent jurisdiction with United States district courts in this area.
Orders and judgments from the court are appealed to the United States Court of Appeals for the Federal Circuit, which resides in the same building as the CFC.
This court does not have jurisdiction in claims arising under the Federal Tort Claims Act, which are heard in the appropriate venue United States district court, 28 USC § 1346(b)(1), nor judicial review of the decisions of the Board of Veterans' Appeals. Certain procedural differences accrue due to the different jurisdiction, e.g., under the FTCA, the statute of limitations runs two years from the date of the tortious occurrence, or six months from the final denial of administrative relief. See: Exhaustion of remedies.
The court also may hear congressional reference cases, which are cases referred to the court by either house of Congress. The judge serving as hearing officer renders a report as to the case's merits, which is reviewed by a panel of judges formed for that purpose. The report is forwarded back to the chamber of Congress requesting it.[11]
Unlike judges of courts established under Article Three of the United States Constitution, judges on the Court of Federal Claims do not have life tenure (see Article I and Article III tribunals). Instead, they serve for 15-year terms[12] and are eligible for reappointment. The President appoints the judges of the U.S. Court of Federal Claims with the Senate's advice and consent.[13] The judges are removable by the U.S. Court of Appeals for the Federal Circuit for "incompetency, misconduct, neglect of duty, engaging in the practice of law, or physical or mental disability."[14]
As of December 1, 2023[update]:
#
Title
Judge
Duty station
Born
Term of service
Appointed by
Active
50
Chief Judge
1955
2013–present
2021–present
—
52
Judge
1960
2019–present
—
—
53
Judge
1983
2019–present
—
—
54
Judge
1962
2019–present
—
—
55
Judge
1974
2020–present
—
—
56
Judge
1974
2020–present
2020–2021
—
57
Judge
1972
2020–present
—
—
58
Judge
1978
2020–present
—
—
59
Judge
1979
2020–present
—
—
60
Judge
1979
2020–present
—
—
61
Judge
1983
2020–present
—
—
62
Judge
1965
2022–present
—
—
63
Judge
1967
2022–present
—
—
64
Judge
1980
2023–present
—
—
65
Judge
1981
2023–present
—
—
66
Judge
vacant
—
—
—
—
—
11
Senior Judge
1934
1982–2001
—
2001–present
15
Senior Judge
inactive
1938
1983–1998
—
1998–present
22
Senior Judge
inactive
1939
1983–1998
—
1998–present
23
Senior Judge
1944
1985–2000
1986–2000
2000–present
24
Senior Judge
1943
—
25
Senior Judge
1949
1986–2001
—
2001–present
28
Senior Judge
inactive
1939
1987–2002
—
2002–present
30
Senior Judge
inactive
1938
1987–2002
—
2002–present
32
Senior Judge
inactive
1944
1990–2005
—
2005–present
34
Senior Judge
inactive
1938
1998–2013
2000–2002
2013–present
36
Senior Judge
inactive
1948
1998–2013
—
2013–present
37
Senior Judge
1948
1998–2013
2002–2009
2013–present
42
Senior Judge
1941
2003–2018
—
2018–present
45
Senior Judge
1962
2003–2018
—
2018–present
48
Senior Judge
1955
2005–2020
2018–2020
2020–present
Seat
Prior judge's duty station
Seat last held by
Vacancy reason
Date of vacancy
Nominee
Date of nomination
18
Retirement
September 30, 2023
January 10, 2024
#
Judge
State
Born–died
Active service
Appointed by
Reason for
termination
1
1933–2018
1982–1984[Note 1]
–
–
resignation
2
1915–1991
1982[Note 1]
–
1982–1991
death
3
1921–2009
1982–1986[Note 1]
–
1986–2009
death
4
1913–1987
1982–1983[Note 1]
–
1983–1987
death
5
1927–2012
1982–1987[Note 1]
–
1987–2012
death
6
1932–2016
1982–1998[Note 1]
–
1998–2016
death
7
1918–1989
1982–1986[Note 1]
–
1986–1989
death
8
1916–1989
1982[Note 1]
–
1982–1989
death
9
1936–present
1982–1987[Note 1]
–
–
resignation
10
1918–2003
1982–1983[Note 1]
–
1983–1985
retirement
12
1924–2016
1982[Note 1]
–
1982–1985
retirement
13
1926–2009
1982–1986[Note 1]
–
1986
retirement
14
1943–present
1982–1987[Note 1]
–
–
resignation
16
1950–present
1982–1985
1982–1985
–
resignation
17
1901–1987
1982[Note 2]
–
1982–1987[Note 1]
death
18
1927–2018
1982–1995
—
1995–2018
death
19
1935–2017
1982–1997
–
1997–2017
death
20
1941–present
1982–1987
–
–
elevation to Fed. Cir.
21
Christine Odell Cook Miller[Note 3]
1944–present
1982–2013[Note 4]
–
2013
retirement
26
1947–present
1986–1989
–
–
resignation
27
1925–2015
1987–1997
–
1997–2015
death
29
1946–2001
1987–2001
–
–
death
31
1949–present
1988–1990
–
–
elevation to Fed. Cir.
33
1947–present
1990–2005
–
2005
retirement
35
1944–present
1998–2013
2009–2013
–
retirement
39
1957–2015
1998–2013
–
2013–2015
death
38
1951–2022
1998–2013
—
2013–2022
death
40
1959–present
2001–2002[Note 5]
–
–
not confirmed
41
1951–present
2002–2016
–
–
retirement
43
1948–present
2003–2018
2017–2018
2018–2019
retirement
44
1953–present
2003–2018
—
2018–2023
retirement
46
1941–2016
2003–2013
–
–
retirement
47
1948–present
2005–2020
—
—
retirement
49
1966–present
2013–2023
2013–2017
–
retirement
51
1968–present
2014–2021
–
–
elevation to D. Md
Chief Judge
1982–1985
1986–2000
2000–2002
2002–2009
2009–2013
2013–2017
2017–2018
2018–2020
2020–2021
2021–present
VA
1985–1993
Redesignated January 1, 1993, as Judge of the United States Court of Federal Claims by 106 Stat. 4506
VA
1993–2000
MD
2001–2002
MD
2003–2018
MD
2020–present
Seat 2
DC
1982
Seat abolished October 8, 1982, upon incumbent taking senior status
Seat 3
OH
1982–1986
SC
1986–1989
SC
1990–1993
Redesignated January 1, 1993, as Judge of the United States Court of Federal Claims by 106 Stat. 4506
SC
1993–2005
VA
2005–2020
MD
2022–present
Seat 4
UT
1982–1983
Seat abolished January 3, 1983, upon incumbent taking senior status
DC
1987–1993
Redesignated January 1, 1993, as Judge of the United States Court of Federal Claims by 106 Stat. 4506
DC
1993–2001
DC
2003–2018
DC
2023–present
Seat 6
VA
1982–1993
Redesignated January 1, 1993, as Judge of the United States Court of Federal Claims by 106 Stat. 4506
VA
1993–1998
VA
1998–2013
DC
2022–present
Seat 7
NY
1982–1986
OH
1987–1993
Redesignated January 1, 1993, as Judge of the United States Court of Federal Claims by 106 Stat. 4506
OH
1993–2002
VA
2003–2018
NJ
2020–present
Seat 8
NY
1982
DC
1982–1993
Redesignated January 1, 1993, as Judge of the United States Court of Federal Claims by 106 Stat. 4506
DC
1993–2013
DC
2013–present
VA
1988–1990
DC
1990–1993
Redesignated January 1, 1993, as Judge of the United States Court of Federal Claims by 106 Stat. 4506
DC
1993–2005
MD
2005–2020
DC
2020–present
Seat 10
NY
1982–1983
VA
1983–1993
Redesignated January 1, 1993, as Judge of the United States Court of Federal Claims by 106 Stat. 4506
VA
1993–1998
VA
1998–2013
OH
2019–present
Seat 11
VA
1982–1993
Redesignated January 1, 1993, as Judge of the United States Court of Federal Claims by 106 Stat. 4506
VA
1993–2001
VA
2003–2018
MD
2020–present
Seat 12
DC
1982
Seat abolished December 14, 1982, upon incumbent taking senior status
VA
1986–1993
Redesignated January 1, 1993, as Judge of the United States Court of Federal Claims by 106 Stat. 4506
VA
1993–2001
VA
2002–2016
MD
2020–present
Seat 14
NY
1982–1987
KS
1987–1993
Redesignated January 1, 1993, as Judge of the United States Court of Federal Claims by 106 Stat. 4506
KS
1993–1997
DC
1998–2013
KY
2019–present
Seat 15
VA
1982–1993
Redesignated January 1, 1993, as Judge of the United States Court of Federal Claims by 106 Stat. 4506
VA
1993–1998
MA
1998–2013
MD
2020–present
DC
1982–1985
MD
1986–1993
Redesignated January 1, 1993, as Judge of the United States Court of Federal Claims by 106 Stat. 4506
MD
1993–2001
2003–2018
VA
2020–present
Seat abolished November 19, 1982, upon incumbent taking senior status
IL
1982–1993
Redesignated January 1, 1993, as Judge of the United States Court of Federal Claims by 106 Stat. 4506
IL
1993–1995
MD
1998–2013
DC
2013–2023
vacant
n/a
2023–present
MD
1982–1993
Redesignated January 1, 1993, as Judge of the United States Court of Federal Claims by 106 Stat. 4506
MD
1993–1997
VA
1998–2013
MD
2014–2021
DC
2023–present
VA
1982–1987
VA
1987–1993
Redesignated January 1, 1993, as Judge of the United States Court of Federal Claims by 106 Stat. 4506
VA
1993–2002
VA
2003–2013
MD
2019–present
Types of law
Senior
International
National
Academics
