Justin Paul Dreiling v. United States

28 U.S.C. § 1491(a)(1) states, “The Court of Federal Claims shall have jurisdiction to render judgment upon any claim against the United States founded ei­ ther upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort.” This Court has repeatedly held the text of the fore­ going statute is limited to only monetary demands against the government. The Questions Presented Are:

1. Shall the Court of Federal Claims have j urisdiction to render judgment upon any claim against the United States founded upon any regulation of an executive department?

2. Whether the Court should overrule United States v. Jones, 131 U.S. 1 (1889), or clarify the holding in Jones and recognize the plain lan­ guage of 28 U.S.C. § 1491(a)(1) confers equita­ ble jurisdiction upon the Court of Federal Claims.