560
Opinion of the Court
proposed automatic approach, whereby a later salary increase would terminate a Compensation Clause violation regardless of the increase's purpose, there is no reason why such relief as damages or an exemption from Social Security would prove unworkable. Will, supra, distinguished. Pp. 578-581.
203 F. 3d 795, affirmed in part, reversed in part, and remanded.
Breyer, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Kennedy, Souter, and Ginsburg, JJ., joined, and in which Scalia, J., joined as to Parts I, II, and V. Scalia, J., filed an opinion concurring in part and dissenting in part, post, p. 581. Thomas, J., filed an opinion concurring in the judgment in part and dissenting in part, post, p. 586. Stevens, J., and O'Connor, J., took no part in the consideration or decision of the case.
Paul R. Q. Wolfson argued the cause for the United States. With him on the briefs were Acting Solicitor General Underwood, former Solicitor General Waxman, Assistant Attorney General Ogden, Deputy Solicitor General Kneedler, David M. Cohen, Douglas N. Letter, and Anne Murphy.
Steven S. Rosenthal argued the cause for respondents. With him on the brief were W. Stephen Smith and Ellen E. Deason.*
Justice Breyer delivered the opinion of the Court.
The Constitution's Compensation Clause guarantees federal judges a "Compensation, which shall not be diminished during their Continuance in Office." U. S. Const., Art. III, § 1. The Court of Appeals for the Federal Circuit held that this Clause prevents the Government from collecting certain
*Briefs of amici curiae urging affirmance were filed for the Federal Judges Association by Kevin M. Forde and Richard J. Prendergast; and for the Los Angeles County Bar Association et al. by Mark E. Haddad, Catherine V. Barrad, Paul J. Watford, Richard Walch, Evan A. Davis, Amitai Schwartz, Steven F. Pflaum, Richard William Austin, Barbara J. Collins, Dennis F. Kerrigan, Jr., P. Kevin Castel, Herbert H. Franks, Dennis A. Rendelman, and John J. Kenney.
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007