Following a complicated Supreme Court ruling in late August , the fate of billions of dollars of science research grants is now at the mercy of an obscure federal law known as the Tucker Act.
“I had never spent more than three minutes in class even mentioning the existence of the Tucker Act, and it would never have occurred to me to do so before this spring,” said David Marcus, a UCLA professor of law who specializes in civil procedure and federal courts.
The Tucker Act created the modern version of the Court of Federal Claims, in existence since before the Civil War. Until recently it was the venue for contract disputes with the federal government — think: a company hired to build a bridge sues Uncle Sam over missed pay.
But starting with a surprise, terse order in April followed