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clarencebeaks21

10/11/21 7:16 PM

#697975 RE: JosephS #697931

I agree CFC can normally only order monetary damages. But a plaintiff victory in the CFC for a Taking could be used in other circuits, where amended complaints would add a claim for violation of due process.

Current Common law provides that a federal Agency decision *based on a factor not contemplated by Congress* is a violation of due process guaranteed under the Fifth Amendment, and it fundamentally undermines the principle of the separation of powers. Let me know if you want some citation to authority on any point.