Parties challenging the Trump administration’s federal grant terminations as unlawful may need to file new complaints in the U.S. Court of Federal Claims under the Tucker Act after two U.S. Supreme Court emergency docket orders suggested U.S. district courts likely lack jurisdiction to hear such cases under the Administrative Procedure Act.
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Judges of the Federal Claims Court are nominated by the president, confirmed by the U.S. Senate and serve 15-year terms.
“It’s important you are going to the court because of its expertise,” said David Bodner, a government contracts law expert. “They know how the contracts are awarded, and they know how the contracts are administered.”
When parties bring breach-of-contract claims against the federal government in the Court of Federal Claims, “You feel you get a fair shake,” added Bodner, an associate at Blank Rome who helps clients navigate federal contracting issues and claims. “They are familiar with the parties. They are familiar with the government. The government is going to appear in their court.”
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"Entering the ‘Wild West’?: Us Supreme Court Reshapes Litigation over Federal Grant Termination," was published in The National Law Journal on August 29, 2025.
