Cite as: 532 U. S. 557 (2001)
Opinion of Scalia, J.
questioned" in Will shows that it was not argued. See 449 U. S., at 206, n. 3 (noting that the judges' complaint sought relief for Year One's diminution only up to the moment of the subsequent salary increase). Hence the Court did not decide the matter now before us.
We conclude that later statutory salary increases did not cure the preceding unconstitutional harm.
VI
Insofar as the Court of Appeals found the application of Medicare taxes to the salaries of judges taking office before 1983 unconstitutional, its judgment is reversed. Insofar as that court found the application of Social Security taxes to the salaries of judges taking office before 1984 unconstitutional, its judgment is affirmed. We also affirm the Court of Appeals' determination that the 1984 salary increase received by federal judges did not cure the Compensation Clause violation. The case is remanded for further proceedings consistent with this opinion.
It is so ordered.
Justice Stevens and Justice O'Connor took no part in the consideration or decision of this case.
Justice Scalia, concurring in part and dissenting in part.
I agree with the Court that extending the Social Security tax to sitting Article III judges in 1984 violated Article III's Compensation Clause. I part paths with the Court on the issue of extending the Medicare tax to federal judges in 1983, which I think was also unconstitutional.1
1 I agree with the Court, see Part II, ante, that the law-of-the-case doctrine does not bar our consideration of the merits. I also join the Court in holding, see Part V, ante, that any constitutional violation was not remedied by subsequent salary increases.
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