boyle technologies argued october decided june david boyle marine helicopter copilot drowned helicopter crashed virginia coast petitioner personal representative heirs estate boyle brought diversity action federal district sikorsky division respondent corporation sikorsky alleging inter alia virginia tort law sikorsky defectively designed helicopter copilot emergency system jury returned general verdict petitioner denied sikorsky motion judgment notwithstanding verdict appeals reversed remanded directions judgment entered sikorsky found matter federal law sikorsky held liable allegedly defective design sikorsky satisfied requirements military contractor defense held merit petitioner contention absence federal legislation specifically immunizing government contractors federal law shield contractors liability design defects military equipment areas involving uniquely federal interests state law replaced necessary federal law content prescribed absent explicit statutory directive courts procurement equipment area uniquely federal interest dispute present one even though private parties implicates interests area determined area uniquely federal interest implicated state law displaced significant conflict exists identifiable federal policy interest operation state law application state law frustrate specific objectives federal legislation duty care asserted basis contractor liability precisely contrary duty imposed government contract even situation unreasonable say always significant conflict state law federal policy interest search limiting principle identify significant conflict present appeals relied rationale feres produces results respects broad respects narrow however discretionary function exception federal tort claims act demonstrate potential suggest outlines significant conflict federal interest state law area state law displaced judgment contractor threaten discretionary function government sum state law imposes liability design defects military equipment displaced approved reasonably precise specifications equipment conformed specifications supplier warned dangers use equipment known supplier pp also without merit petitioner contention since government contractor defense formulated appeals differed instructions given district jury seventh amendment guarantee jury trial requires remand trial new theory evidence presented first trial suffice matter law support jury verdict properly formulated defense judgment properly entered respondent without new trial unclear appeals opinion however whether fact deciding reasonable jury properly formulated defense found petitioner facts presented rather assessing whether defense established latter error since whether facts established conditions defense question jury case remanded clarification point pp scalia delivered opinion rehnquist white kennedy joined brennan filed dissenting opinion marshall blackmun joined post stevens filed dissenting opinion post louis franecke reargued cause petitioner briefs john mack philip lacovara reargued cause respondent briefs lewis booker stanfield johnson william stein deputy solicitor general ayer reargued cause amicus curiae urging affirmance brief solicitor general fried assistant attorney general willard deputy assistant attorneys general spears willmore christopher wright briefs amici curiae urging reversal filed edwin lees shaw joel eaton robert parks joan tozer et al michael pangia briefs amici curiae urging affirmance filed chamber commerce herbert fenster raymond biagini robin conrad defense research institute james morris iii ann adams webster donald pierce grumman aerospace james fitzsimons frank chiarchiaro charles shaffer joseph loveland gary toman national security industrial association et al kenneth geller andrew frey product liability advisory council et al michael hoenig david hamm william crabtree edward good briefs amici curiae filed association trial lawyers america robert habush dale haralson denneen peterson bell helicopter textron david broiles george galerstein james hunt unr industries joe hollingsworth justice scalia delivered opinion case requires us decide contractor providing military equipment federal government held liable state tort law injury caused design defect april david boyle marine helicopter copilot killed helicopter flying crashed coast virginia beach virginia training exercise although boyle survived impact crash unable escape helicopter drowned boyle father petitioner brought diversity action federal district sikorsky division technologies corporation sikorsky built helicopter trial petitioner presented two theories liability virginia tort law submitted jury first petitioner alleged sikorsky defectively repaired device called servo helicopter automatic flight control system allegedly malfunctioned caused crash second petitioner alleged sikorsky defectively designed copilot emergency escape system escape hatch opened instead therefore ineffective submerged craft water pressure access escape hatch handle obstructed equipment jury returned general verdict favor petitioner awarded district denied sikorsky motion judgment notwithstanding verdict appeals reversed remanded directions judgment entered sikorsky found matter virginia law boyle failed meet burden demonstrating repair work performed sikorsky opposed work done navy responsible alleged malfunction flight control system also found matter federal law sikorsky held liable allegedly defective design escape hatch evidence presented satisfied requirements military contractor defense recognized day tozer ltv petitioner sought review challenging appeals decision three levels first petitioner contends justification federal law shielding government contractors liability design defects military equipment second argues alternative even defense exist appeals formulation conditions application inappropriate finally petitioner contends appeals erred remanding jury determination whether elements defense met case granted certiorari ii petitioner broadest contention absence legislation specifically immunizing government contractors liability design defects basis judicial recognition defense disagree fields activity sure refused find federal state law absence either clear statutory prescription see jones rath packing rice santa fe elevator direct conflict federal state law see florida lime avocado growers paul hines davidowitz held areas involving uniquely federal interests texas industries radcliff materials committed constitution laws federal control state law replaced necessary federal law content prescribed absent explicit statutory directive courts federal common law see kimbell foods banco nacional sabbatino howard lyons clearfield trust duhme fdic dispute present case borders upon two areas found involve uniquely federal interests held obligations rights contracts governed exclusively federal law see little lake misere land priebe sons national metropolitan bank clearfield trust supra present case involve obligation contract rather liability third persons liability may styled one tort arises performance contract traditionally regarded sufficiently related contract virginia generally allow design defect suits purchaser privity seller see general bronze kostopulos see also code eliminating privity requirement another area found peculiarly federal concern warranting displacement state law civil liability federal officials actions taken course duty held many contexts scope liability controlled federal law see westfall erwin howard lyons supra barr matteo plurality opinion black concurring see also yaselli goff aff per curiam spalding vilas bradley fisher wall present case involves independent contractor performing obligation procurement contract rather official performing duty federal employee obviously implicated interest getting government work done think reasons considering closely related areas uniquely federal interest apply well civil liabilities arising performance federal procurement contracts come close holding much yearsley ross construction rejected attempt landowner hold construction contractor liable state law erosion acres caused contractor work constructing dikes government said authority carry project validly conferred done within constitutional power congress liability part contractor executing federal interest justifying holding surely exists much procurement contracts performance contracts see basis distinction moreover plain federal government interest procurement equipment implicated suits present one even though dispute one private parties true litigation purely private parties touch rights duties bank america nat trust sav assn parnell federal law govern thus example miree dekalb county involved question whether certain private parties sue beneficiaries agreement municipality federal aviation administration found state law displaced operations connection faa grants burdened allowing state law determine whether beneficiaries sue federal interest outcome dispute us far speculative far remote possibility justify application federal law transactions essentially local concern quoting parnell supra see also wallis pan american petroleum true imposition liability government contractors directly affect terms government contracts either contractor decline manufacture design specified government raise price either way interests directly affected procurement equipment area uniquely federal interest however end inquiry merely establishes necessary sufficient condition displacement state law displacement occur variously described significant conflict exists identifiable federal policy interest operation state law wallis supra application state law frustrate specific objectives federal legislation kimbell foods conflict federal policy need sharp must exist ordinary congress legislates field traditionally occupied rice santa fe elevator put point differently fact area question one unique federal concern changes otherwise conflict produce one conflict must cases example federal interest requires uniform rule entire body state law applicable area conflicts replaced federal rules see clearfield trust rights obligations respect commercial paper must governed uniform federal rule others conflict narrow particular elements state law superseded see little lake misere land even assuming state law generally govern federal land acquisitions particular state law issue may howard lyons state defamation law generally applicable federal official federal privilege governs statements made course federal official duties miree supra suit seeking impose upon person contracting government duty contrary duty imposed government contract rather contractual duty private plaintiff beneficiary sought enforce miree present case easy conceive intermediate situation duty sought imposed contractor identical one assumed contract also contrary assumed example contracts purchase installation unit specifying cooling capacity precise manner construction state law imposing upon manufacturer units duty care include certain safety feature duty identical anything promised government neither contrary contractor comply contractual obligations duty care one suggests state law generally context present case however opposite extreme miree duty care asserted basis contractor liability specifically duty equip helicopters sort mechanism petitioner claims necessary precisely contrary duty imposed government contract duty manufacture deliver helicopters sort mechanism shown specifications even sort situation unreasonable say always significant conflict state law federal policy interest example federal procurement officer orders model number quantity stock helicopters happen equipped escape hatches opening outward impossible say government significant interest particular feature scarcely reasonable saying private individual orders craft model number sue manufacturer negligence got precisely ordered search limiting principle identify situations significant conflict federal policy interests arise appeals lead case upon opinion relied identified source conflict feres doctrine federal tort claims act ftca cover injuries armed services personnel course military service see feres military contractor liability conflict doctrine fourth circuit reasoned since increased cost contractor tort liability added price contract uch costs defeat purpose immunity military accidents conferred upon government tozer courts upholding defense embraced similar reasoning see bynum fmc tillett case mckay rockwell cert denied adopt analysis seems us feres doctrine application present problem logically produces results respects broad respects narrow broad government contractor defense prohibit suit manufacturer whenever feres prevent suit government even injuries caused military personnel helicopter purchased stock example standard equipment purchased government covered since feres prohibits tort claims government contractor defense rests upon prohibit tort claims manufacturer making inexplicable three limiting criteria contractor immunity discuss presently appeals adopted hand reliance feres produces logically produce results another respect narrow since doctrine covers injuries injuries caused military civilians invoked prevent example civilian suit manufacturer fighter planes based state tort theory claiming harm alleged needlessly high levels noise produced jet engines yet think character jet engines government orders fighter planes regulated state tort law suits civilians suits members armed services however statutory provision demonstrates potential suggests outlines significant conflict federal interests state law context government procurement ftca congress authorized damages recovered harm caused negligent wrongful conduct government employees extent private person liable law place conduct occurred excepted consent suit however ny claim based upon exercise performance failure exercise perform discretionary function duty part federal agency employee government whether discretion involved abused agree scope displacement adopted fourth circuit also adopted ninth circuit see mckay rockwell supra liability design defects military equipment imposed pursuant state law approved reasonably precise specifications equipment conformed specifications supplier warned dangers use equipment known supplier first two conditions assure suit within area policy discretionary function frustrated assure design feature question considered government officer merely contractor third condition necessary absence displacement state tort law create incentive manufacturer withhold knowledge risks since conveying knowledge might disrupt contract withholding produce liability adopt provision lest effort protect discretionary functions perversely impede cutting information highly relevant discretionary decision considered alternative formulation government contractor defense urged upon us petitioner adopted eleventh circuit shaw grumman aerospace cert pending preclude suit contractor participate participated minimally design defective equipment contractor timely warned government risks design notified alternative designs reasonably known government although forewarned clearly authorized contractor proceed dangerous design formulation may represent perfectly reasonable tort rule rule designed protect federal interest embodied discretionary function exemption design ultimately selected may well reflect significant policy judgment government officials whether contractor rather officials developed design addition seem us sound policy penalize thus deter active contractor participation design process placing contractor risk unless identifies design defects iii petitioner raises two arguments regarding appeals application government contractor defense facts case first argues since formulation defense adopted appeals differed instructions given district jury seventh amendment guarantee jury trial required remand trial new theory disagree evidence presented first trial suffice matter law support jury verdict properly formulated defense judgment properly entered respondent without new trial even though petitioner claims respondent failed object jury instructions expressed defense differently fashion support verdict see louis praprotnik plurality opinion joined rehnquist white scalia jj ebker tan jay friendly wright miller federal practice procedure pp somewhat unclear appeals opinion however whether fact deciding reasonable jury properly formulated defense found petitioner facts presented rather assessing whether defense established latter petitioner asserts occurred error since whether facts establish conditions defense question jury critical language appeals opinion ecause sikorsky satisfied requirements military contractor defense incur liability allegedly defective design escape hatch although seems us doubtful appeals conducting factual evaluation petitioner suggests certain language remand clarification point appeals saying reasonable jury find principles announced basis evidence presented government contractor defense inapplicable judgment shall stand since petitioner seek us grant review determination appeals saying undertake proper sufficiency inquiry accordingly judgment vacated case remanded ordered footnotes language shows justice brennan dissent simply incorrect describe miree cases declining apply federal law despite assertion interests comparable us post refer displacement state law although possible analyze displacement reference state law rule decision cases appear regard area uniquely federal interest exists entirely governed federal law federal law deigning borro little lake misere land incorporat adopt kimbell foods state law except significant conflict federal policy exists see nothing gained expanding theoretical scope federal beyond practical effect adopt modest terminology distinction displacement state law displacement federal law incorporation state law ever makes practical difference least present case even landmark decision clearfield trust distinctive federal interest particular field used significant factor giving broad effect federal legislation field doubted state federal alien registration laws belong class laws concern exterior relation whole nation nations governments consequently regulation aliens intimately blended intertwined responsibilities national government federal government exercise superior authority field enacted complete scheme regulation therein provided standard registration aliens inconsistently purpose congress conflict interfere curtail complement federal law enforce additional auxiliary regulations hines davidowitz citation omitted justice brennan assumption outcome case different brought death high seas act act mar ch et supp iv stat codified app et necessarily correct issue us think inappropriate decide order refute matter construct alleged inconsistency justice brennan justice marshall justice blackmun join dissenting lieutenant david boyle died helicopter copiloting spun control plunged ocean may assume purposes case boyle trapped water drowned respondent technologies negligently designed helicopter escape hatch may assume competent engineer discovered cured defects inexplicably escaped respondent notice respondent designed death trap commercial firm boyle family sue virginia tort law compensated tragic unnecessary death respondent designed helicopter federal government tells us today makes difference respondent immune liability long obtained approval reasonably precise specifications perhaps rubber stamp federal procurement officer might might noticed cared defects even expertise discover respondent immunity bore legitimacy prescribed people elected representatives duty bound implement whether approved johnson dissenting opinion scalia congress however remained silent conspicuously resisted sustained campaign government contractors legislate defense unelected unaccountable people unabashedly stepped breach legislate rule denying boyle family compensation state law assures time injustice making worse yet injustice extend far beyond facts case newly discovered government contractor defense breathtakingly sweeping applies military equipment like helicopter far tell gadget federal government might purchase previewing plans nasa challenger space shuttle postal service old mail cars contractor may invoke defense suits brought military personnel like boyle government employees anyone injured government contractor negligent design including example children might died respondent helicopter crashed beach applies even government intentionally sacrificed safety interests like speed efficiency indeed even equipment type typically considered dangerous thus contractor designs government building invoke defense elevator cable snaps walls collapse defense invocable regardless blatant easily remedied defect long contractor missed specifications approved government however unreasonably dangerous reasonably precise ante view lacks authority expertise fashion rule whether protect treasury coffers industry leave exercise legislative power congress constitution places reverse appeals reinstate petitioner jury award decision erie tompkins federal courts sitting diversity generally free absence controlling state statute fashion rules general federal common law see swift tyson pet erie renounced prevailing scheme except matters governed federal constitution acts congress law applied case law state explained expansive power federal courts theretofore exercised unconstitutional invasion authority state extent denial independence citation omitted thus erie deeply rooted notions federalism seriously implicated federal judges displace state law ordinarily govern rules federal common law see standard oil pronouncing federal general common law erie put rest notion grant diversity jurisdiction federal courts authority fashion rules substantive law see little lake misere land author today opinion pronounced unanimous two months ago start assumption historic police powers superseded unless clear manifest purpose congress puerto rico dept consumer affairs isla petroleum citations omitted federal vacuo without constitutional text federal statute assert federal common law supersede state law vacuo idiosyncratic determination five justices particular area uniquely federal accordingly emphasized federal common law displace state law restricted instances wheeldin wheeler bsent congressional authorization formulate substantive rules decision federal common law exists narrow areas concerned rights obligations interstate international disputes implicating conflicting rights relations foreign nations admiralty cases texas industries radcliff materials footnotes omitted enactment federal rule area national concern decision whether displace state law generally made federal judiciary purposefully insulated democratic pressures people elected representatives congress milwaukee illinois see also wallis pan american petroleum miree dekalb county state laws overridden federal courts clear substantial interests national government served consistently respect state interests suffer major damage state law applied yazell ii congress decided supersede state law anything decided see supra pretend newly manufactured government contractor defense fits within handful narrow areas texas industries supra uniquely federal interests heretofore done rather creates new category uniquely federal interests synthesis two whose origins predate erie interest administering obligations rights contracts ante interest regulating civil liability federal officials actions taken course duty ante case however simply suit two private parties steadfastly declined impose federal contract law relationships collateral federal contract extend federal employee immunity beyond federal employees ability list inapplicable areas uniquely federal interest support conclusion liability government contractors clear substantial interest must step lest state law major damage yazell supra proposition federal common law continues govern obligations rights contracts nearly old erie federal law typically controls federal government party suit involving rights obligations contract whether contract entails procurement see priebe sons loan see kimbell foods conveyance property see little lake misere supra commercial instrument issued government see clearfield trust assigned see duhme fdic transaction necessarily radiate interests transactions private parties bank america nat trust sav assn parnell established power create federal common law controlling federal government contractual rights obligations translate power prescribe rules cover transactions contractual relationships collateral government contracts miree dekalb county supra example county contractually obligated grant agreement federal aviation administration faa restrict use land adjacent airport activities purposes compatible normal airport operations including landing takeoff aircraft citation omitted issue whether county breached contractual obligation operating garbage dump adjacent airport allegedly attracted swarm birds caused plane crash federal common law undoubtedly controlled suit federal government enforce provision county collect damages violation diversity suit however brought government assorted private parties injured way accident observed operations connection faa grants undoubtedly considerable magnitude substantial interest regulating aircraft travel promoting air travel safety nevertheless held state law govern claim rights private litigants issue claim county direct effect upon treasury emphasis added miree relied heavily parnell supra wallis pan american petroleum supra former involving commercial paper issued latter involving property rights federal land former case parnell cashed certain bonds guaranteed government stolen owner bank beyond dispute federal law governed duty pay value bonds upon presentation held much clearfield trust supra cf parnell supra central issue parnell diversity suit whether victim theft recover money paid parnell issue held governed state law litigation purely private parties touch rights duties emphasis added true wallis also involved government contract lease issued private party mineral leasing act et seq ed supp iv governed entirely federal law see relationship issue diversity case collateral government contract involved validity contractual arrangements lessee private parties lessee federal government even though federal statute authorized certain assignments lease rights see imposed certain conditions validity see held state law federal common law governed validity application state law present significant threat identifiable federal policy interest miree parnell wallis government contract governed federal common law looms background party suit suit neither touch es rights duties parnell supra direct effect upon treasury miree relationship issue best collateral government contract greater power displace state law governing collateral relationship government procurement realm dictate federal rules governing equally collateral relationships areas aviation commercial paper federal lands government might pay higher prices orders delivery accordance contract exposes seller potential liability see ante distinguish case cases discussed declined extend reach federal common law despite assertion comparable interests affected terms government contract whether price substance directly indirectly ibid beneficiaries sue county contract faa example even though focus absence direct effect treasury emphasis added suggests counties likely pass costs government future contract negotiations similarly held state law may govern circumstances stolen federal bonds recovered notwithstanding parnell argument value bonds first purchaser hence salability government materially affected brief respondent parnell bank america trust sav assn parnell pp cases declining extend traditional reach federal law contracts beyond rights duties federal government federal interest outcome question us far speculative far remote possibility justify application federal law transactions essentially local concern miree supra quoting parnell uniquely federal interest tort liability affiliates federal government equally narrow immunity recognized extended subset officials federal government covered discretionary functions within scope legal authority see westfall erwin howard lyons barr matteo plurality yaselli goff aff per curiam spalding vilas never much intimated immunity uniquely federal interest justifies might extend beyond narrow class cover also nongovernment employees whose authority act independent source federal law far removed functioning federal government government contractor howard supra historical narrowness federal interest immunity hardly accidental federal officer exercises statutory authority provides necessary basis immunity positive law also permits us confidently presume interference exercise discretion undermines congressional contrast government contractor acts independently congressional enactment thus immunity contractor lacks positive law basis presumption furthers congressional moreover even within category congressionally authorized tasks deliberately restricted scope immunity circumstances contributions immunity effective government particular contexts outweigh perhaps recurring harm individual citizens doe mcmillan see barr supra immunity contravenes basic tenet individuals held accountable wrongful conduct westfall supra extension immunity government contractors skews balance historically struck one hand whatever marginal effect contractor immunity might effective administration policies government harm individual citizens severe context observation sanctions civil tort suits available deter executive official may prone exercise functions unworthy irresponsible manner barr see also offers little deterrence government contractor hand grant immunity government contractors advance fearless vigorous effective administration policies government nearly much current immunity government employees ibid first place threat tort suit less likely influence conduct industrial giant lone civil servant particularly since work civil servant significantly less profitable significantly likely subject vindictive lawsuit fact take seriously assertion contractors pass costs including presumably litigation costs substantially totally ante threat tort suit marginal impact conduct government contractors importantly inhibition government official actually sets government policy presents greater threat administration policies government inhibition private contractor whose role devoted largely assessing technological feasibility cost satisfying government predetermined needs similarly unlike tort suits government officials tort suits government contractors rarely consume time energies otherwise devoted governmental service short essential justifications official immunity support extension government contractor surprise never extended far yearsley ross construction sole case cited immunizing government contractor slender reed base drastic departure precedent yearsley barred suit landowners private government contractor alleging construction dam eroded land without compensation violation takings clause fifth amendment relied part observation plaintiffs failed state fifth amendment claim since compensation never requested much less denied rate cause action lay government contractor see government impliedly promised pay plaintiffs compensation afforded remedy recovery suit claims citations omitted therefore unlikely intended yearsley extend anywhere beyond takings context never applied elsewhere even yearsley applicable beyond unique context arose little relevance contractor work done pursuant contract government direction secretary war supervision chief engineers authorized act congress see also ross construction yearsley undisputed allegation contractor implemented stabilized bank lines set defined government engineers charge work government words unlike respondent contractor yearsley following formulating government specifications far relevant followed correctly respondent merely manufactured helicopter following minutely government specifications analogous contractor yearsley although still analytically identical since yearsley depended upon actual agency relationship government see action agent act government citation omitted plainly never established see bynum fmc cf new mexico respondent participation helicopter design distinguishes case yearsley never read immunize discretionary acts perform service contracts government iii valiant attempt bridge analytical canyon yearsley said wishes said invokes discretionary function exception federal tort claims act ftca suggest exception direct bearing petitioner sued private manufacturer federal government virginia law ftca perhaps respondent three times disavowed reliance discretionary function exception even coaching government notwithstanding disclaimers invokes exception reasoning federal common law must immunize government contractors state tort law prevent erosion discretionary function exception policy foreclosing judicial discretionary governmental decisions ante quoting varig airlines erosion fears apparently rooted concern suits government contractors prevent designing government commissioning design precisely product government wants concern suits might preclude government purchasing desired product price wants financial burden judgments contractors fears ultimately passed substantially totally ante even granting factual premise means cites authority proposition burdens imposed government contractors passed government burden government way justifies extension immunity however substantial indirect burdens may held contexts legally irrelevant see south carolina baker cases completely foreclosed claim nondiscriminatory imposition costs private entities pass federal government unconstitutionally burdens federal functions moreover statutory basis rule federal common law totters unstable ever adopted first place rejected analytically similar attempt construct federal common law ftca held government waiver sovereign immunity torts employees give government implied right indemnity even though financial burden placed tort claims act conceivably great government employees required carry part burden gilman ftca retention sovereign immunity government discretionary acts imply defense benefit contractors participate acts even though might pass financial burden either case said position asserted though product law congress passed matter congress taken position omitted even much overstatement government immunity discretionary functions even product ftca congress enacted ftca sovereign immunity barred tort suit federal government perceived need rule federal common law reinforce government immunity shielding also parties might contractually pass costs aware identify special category discretionary functions sovereign immunity crucial government contractor exercised discretion share government immunity state tort law ftca enactment federal government immune ny claim based upon exercise performance discretionary function including presumably claim petitioner might brought federal government based upon respondent negligent design helicopter boyle died reason federal common law shield contractors government liable torts government liable none discretionary function exception support immunity discretionary acts government contractors exception ny claim government arising assault supports personal immunity government employees commit assaults cf sheridan ante short purports divine whether congress object suit inexplicably begins ends sortilege exception statute inapplicable whose repeal leave unchanged every relationship remotely relevant accident underlying suit far indicative congress views subject cause action congress provided death high seas act dohsa act mar ch et stat codified app et seq supp iv cause action asserted technologies boyle helicopter crashed mere three miles coast virginia beach beyond tort suit designer military helicopter said present conflict much less significant conflict federal interests context government procurement ante federal law provide tort suit least explicit defense designer accident involving equipment see pet cert sikorsky aircraft division technologies kloss pp trial holds family marine bring cause action dohsa technologies negligent design marine corps helicopter killed crashed miles offshore cert denied iv bottom analysis premised proposition tort liability indirectly absorbed government burdens governmental functions compel us act congress proposition means uncontroversial tort system premised assumption imposition liability encourages actors prevent injury whose expected cost exceeds cost prevention system working government contractors design equipment avoid certain injuries like deaths soldiers government employees certain burden government therefore basis assumption tort liability result net burden government let alone clearly excessive net burden rather net gain perhaps tort liability inefficient means ensuring quality design efforts hatever merits policy wishes implement conversion law proper subject congressional action creative power standard oil congress federal courts custodian national purse token congress primary often exclusive arbiter federal fiscal affairs comprehend said securing treasury government financial losses however inflicted ibid emphasis added see also gilman supra congress shared assumptions conclusion readily enact bill place limitations civil liability government contractors ensure liability impede ability procure necessary goods services sess see also sess legislator probably vote law absolving multibillion dollar private enterprises answering tragic mistakes least law justified unsupported speculation liability might ultimately burden treasury colleagues evidently vote otherwise matter judges legislators vote cast respectfully dissent see sess limitations civil liability government contractors sess see also sess indemnification civil liability government contractors sess sess sess exercises power fashion federal common law displace state law way example recognition federal causes action based upon either constitution see bivens six unknown fed narcotics agents federal statute see cort ash supplements whatever rights state law might provide therefore implicate federalism concerns way rule decision cause action throughout opinion use word displace latter sense true case collateral relationship relationship victim tortfeasor rather contractors distinction makes difference long ago established principles governing application federal common law contractual relations government equally applicable relations affected noncontractual tortious character standard oil question proper judicial function craft contours military contractor defense even discretionary function exemption federal tort claims act lacovara think yes make difference contractor courts submit whether government discretionary function exception federal tort claims act question think position congress never waived sovereign immunity federal tort claims act lacovara correct question wait really understand seems make argument preemption congress wanted perceive congress wanted tort claims act congress said government liable ill designed helicopter reason think congress wanted preempt liability private contractor ill designed helicopter question preemption argument want sure understand depend federal tort claims act understand lacovara correct tr oral arg reargument apr question government position depend discretionary function exemption federal tort claims act ayer well hard question answer think answer ultimately course permitted stranger contract bring tort suit one suggested rule state tort law compelled federal law cf tozer ltv applying defense dohsa case cert pending shaw grumman aerospace cert pending koutsoubos boeing vertol division boeing cert denied mckay rockwell cert denied justice stevens dissenting judges asked embark lawmaking venture believe carefully consider whether legislative body better equipped perform task hand instances interstitial lawmaking inevitably become part judicial process asked create entirely new doctrine answer questions policy congress spoken gilman special duty identify proper decisionmaker trying make proper decision novel question policy involves balancing conflicting interests efficient operation massive governmental program protection rights individual whether social welfare context civil service context military procurement context feel deeply defer expertise congress central message unanimous decision bush lucas joined majority schweiker chilicky ante case decided three days ago distressed majority decision today case gilman supra selection policy advantageous whole involves host considerations must weighed appraised function appropriately write laws rather interpret respectfully dissent recognize without hesitation judges must legislate interstitially confined molar molecular motions judge say think doctrine consideration bit historical nonsense shall enforce judge exercising limited jurisdiction admiralty say think well rules master servant propose introduce en bloc southern pacific jensen holmes dissenting decline create new substantive legal liability without legislative aid common law convinced congress better position decide whether public interest served creating internal quotation omitted congressional competence balancing governmental efficiency rights individuals bush questionable social welfare context civil service context cf forrester white ante