A year ago, the U.S. Supreme Court dodged a sensitive constitutional question concerning judicial salaries, but it may face that question again before the next term ends.
On Sept. 7, in a rare en banc hearing by the U.S. Court of Appeals for the Federal Circuit, six current and former federal judges will argue that Congress unconstitutionally withheld judges’ pay adjustments and the Federal Circuit was wrong when it ruled otherwise over a decade ago.
In asking the Federal Circuit to overrule its 2001 precedent, the six judges said they recognize “that there are few matters more delicate for judges to decide than those involving their own pay. The compensation clause, however, ‘is designed to benefit, not the judges as individuals, but the public interest in a competent and independent judiciary.’”
The six judges behind Beer v. U.S. are Peter Beer, Terry Hatter