File 2: Opinion of Chairman Cabaniss
[ v60 p987 ]
Concurring Opinion of Chairman Cabaniss:
I write separately to explain why I would find that the underlying settlement agreement is contrary to law because it violates the doctrine of sovereign immunity. Although the following analysis examines the Back Pay Act and whether the Back Pay Act authorizes the monetary claim at issue here (it does not), the fact that the Back Pay does not authorize payment of a certain claim does not necessarily equate to a finding that the claim violates the Back Pay Act.
The United States is immune from liability for money claims under the doctrine of sovereign immunity. Lane v. Pena, 518 U.S. 187 (1996). Sovereign immunity can be waived by statute, and waiv