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in a 7-2 decision, the justices vacated a decision by the U.S. Circuit Court for the District of Columbia upholding a National Park Service regulation that purports to render the Contract Disputes Act, which established rules governing disputes arising out of certain government contracts, inapplicable to concession contracts. National Park Hospitality Association v. Department of the Interior, No. 02-196. The court remanded the case on the ground that the controversy was not ripe for judicial resolution because mere uncertainty as to the validity of a rule does not constitute a hardship for purposes of the ripeness analysis. Thomas’ opinion was joined by Rehnquist, Scalia, Kennedy, Souter, Ginsburg and Stevens. Breyer filed a dissenting opinion, in which O’Connor joined.

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