SocialSecurity Securities Immigration
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QUESTIONS PRESENTED ; Q 1 Given the Supreme Court case flaw Precedents since after "Arbaugh v. Y&H. Corp., 546 U.S. 500, 515-16 (2006)", and amid a Circuit Split, is exhaustion of administrative remedies a jurisdictional requirement under 28 U.S.C.S. 2675 of the Federal Tort Claims Act (FTCA) ? eee Q 2 Whether the waiver of Sovereign immunity in the alleged negligent conduct of a medical doctor's professional judgment, non-governmental in nature, is subject to a discretionary function exception, of the kind in the FTCA ? Q3Whether the Supreme Court should revisit the Berkovitz-Gaubert two-prong test dated more than 35 years ago for when the FTCA's discretionary function exception applies because the exact boundaries of the exception remain unclear amid a Circuit Split. For there is a disconnect between the test that asks whether the challenged “action” involves the permissible exercise of policy judgment, See Berkovitz, 486 U.S. 531, at 536-37 (1988), but the text speaks of a discretionary function or duty ". 28 U.S.C. 2680(a).