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Litigation

: How Appealing

"The appellants, all of whom are federal judges who had entered into service before 1989, state that Congress' repeated denials of the cost of living adjustments that had been legislated in 1989 are in violation of the Compensation Clause of Article III."

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"The appellants, all of whom are federal judges who had entered into service before 1989, state that Congress' repeated denials of the cost of living adjustments that had been legislated in 1989 are in violation of the Compensation Clause of Article III." But today, the majority of active judges serving on the U.S. Court of Appeals for the Federal Circuit joined in an order denying an initial en banc hearing in the case. Two dissenting opinions accompany that order.

Also today, by means of a separate order, a three-judge Federal Circuit panel has issued a decision summarily affirming the ruling of the U.S. Court of Federal Claims against these judges-appellants.

Full post as published by How Appealing on January 15, 2010 (boomark / email).

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