National Park Hospitality Assn v. Department of the Interior
March 4, 2003 (02-196)
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Case Summary
In an effort to bring more competition to the park service concessions bidding process, the Department of Interior promulgated regulations that stated that National Park Service concession agreements are not contracts within the meaning of the Contract Disputes Act of 1978, 41 U.S.C. 601 et seq ("CDA"). Petitioner argued that these regulations, in effect, would illegally take away their preferential right to renew contracts that had existed for up to 30 years. The Court of Appeals for the District of Columbia Circuit upheld the validity of the Park Service regulations which effectively repealed preferential rights of renewal. The opinion of the D.C. Circuit is found at 282 F.3d 818.

To see the opinion of the lower court, click here.


PREDICTED OUTCOME ACTUAL
OUTCOME
Forecasting
Model
Expert
One
Expert
Two
Expert
Three
6-3 to Affirm 9-0 to Affirm 7-2 to Affirm n/a 7-2 to Reverse
VOTING TO REVERSE
Stevens
Souter
Ginsbug
Scalia
Thomas
Rehnquist
Stevens
Scalia
Kennedy
Souter
Thomas
Ginsburg
VOTING TO AFFIRM
Rehnquist
O'Connor
Scalia
Kennedy
Thomas
Breyer
Rehnquist
Stevens
O'Connor
Scalia
Kennedy
Souter
Thomas
Ginsburg
Breyer
Rehnquist
Stevens
O'Connor
Kennedy
Souter
Ginsburg
Breyer
O'Connor
Breyer

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