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HATTER v. U.S.

No. 91-5039.

953 F.2d 626 (1992)

Judge Terry J. HATTER, Jr., Judge George Arceneaux, Jr., Judge Peter H. Beer, Chief Judge Juan G. Burciaga, Judge A.J. McNamara, Judge Harry Pregerson, Raul A. Ramirez and Chief Judge Thomas A. Wiseman, Jr., Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 16, 1992.

Attorney(s) appearing for the Case

Steven S. Rosenthal, Morrison & Foerster, Washington, D.C., argued, for plaintiffs-appellants. With him on the brief were W. Stephen Smith and Ellen E. Deason.

Terrence S. Hartman, Asst. Director, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for defendant-appellee. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Claire Hoffman, Dept. of Health and Human Services.

Before ARCHER, PLAGER and RADER, Circuit Judges.

RADER, Circuit Judge.

Terry J. Hatter, Jr., et al., life-tenured federal judges, appeal the dismissal of their complaint by the United States Claims Court. Hatter v. United States, 21 Cl.Ct. 786 (1990). The judges allege that imposition of social security taxes diminished their compensation in violation of the United States Constitution. The Claims Court dismissed their complaint for lack of jurisdiction. Because the Tucker Act gives the Claims Court jurisdiction...

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