Gutierrez De Martinez v. Lamagno

Summary

The Court held that the Attorney General’s Westfall Act certification that a federal employee acted within the scope of employment is judicially reviewable for purposes of substituting the United States as defendant. The ambiguous statute did not overcome the presumption favoring judicial review, particularly where certification would shield both the employee and the United States from liability. The Court reversed and remanded. Justice Ginsburg wrote the majority opinion in Parts I–III; Part IV, joined only by Justices Stevens, Kennedy, and Breyer, additionally reasoned that federal courts could retain jurisdiction after rejecting certification in removed cases. Justice O’Connor joined Parts I–III and concurred in the judgment but declined to resolve that jurisdictional question because this diversity case did not present it. Justice Souter, joined by Chief Justice Rehnquist and Justices Scalia and Thomas, dissented, reading the statute to make certification conclusive and emphasizing the constitutional jurisdictional difficulties created by the contrary interpretation.