James Console, et ux. v. United States

Whether the discretionary-function exception of the Federal Tort Claims Act (28 U.S.C. § 2680(a)) bars liability when federal employees violate mandatory duties imposed by statute—here, the Mandatory Victims Restitution Act (18 U.S.C. § 3663A)—which leaves no room for discretion, and the Crime Victims’ Rights Act (18 U.S.C. § 3771).

Whether victims of federal crimes who have been formally identified by prosecutors possess a protected property interest in restitution that cannot be extinguished without due process of law under the Fifth Amendment.

Whether the Ninth Circuit’s holding that crime victims have no due process right to participate in criminal proceedings conflicts with decisions of this Court and other circuits recognizing that government officials have no discretion to violate statutes, regulations, or the Constitution.