United States Federal Circuit

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Beer v. US, 10-5012

In an en banc review of a suit brought by current and former Article III judges claiming that Congress violated the Compensation Clause by withholding the salary adjustments established by the Ethics Reform Act of 1989, decision of the Court of Federal Claims dismissing the complaint is reversed, remanded, and Williams v. U.S. is overruled where, in the unique context of the 1989 Act, the Constitution prevents Congress from abrogating that statute's precise and definite commitment to automatic yearly cost of living adjustments for sitting members of the judiciary. Further, because the 1989 Act was enacted after Section 140, the 1989 Act's automatic cost of living adjustments control.

Appellate Information

  • Decided 10/05/2012
  • Published 10/05/2012

Judges

  • Rader

Court

  • United States Federal Circuit

Counsel

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