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30. Immunity of the United States from Suit, Absent Express Consent

No action lies against the United States unless Congress has authorized it. See United States v. Testan, 424 U.S. 392, 399 (1976); Reid v. United States, 211 U.S. 529, 538 (1909); Munro v. United States, 303 U.S. 36, 41 (1938); United States v. Sherwood, 312 U.S. 584, 590 (1941); Dalehite v. United States, 346 U.S. 15, 30 (1953); United States v. Shaw, 309 U.S. 495, 500 (1940); Feres v. United States, 340 U.S. 135, 139 (1950); United States v. King, 395 U.S. 1, 4 (1969); Hercules, Inc. v. United States, 516 U.S. 417, 422 (1996). The immunity of the United States from suit is all embracing, and obtains without regard to the character of the proceedings or the source of the right sought to be enforced. See Lynch v. United States, 292 U.S. 571, 582 (1934).

[updated May 1998] [cited in USAM 4-2.100]

Updated December 18, 2015