No. 94-5139.

64 F.3d 647 (1995)

Judge Terry J. HATTER, Jr., Mary Martin Arceneaux, on behalf of the late Judge George Arceneaux, Jr., Judge Peter H. Beer, Judge Dudley H. Bowen, Jr., Chief Judge Juan G. Burciaga, Judge A.J. McNamara, Judge Harry Pregerson, Judge Raul A. Ramirez, Judge Norman C. Roettger, Jr., Chief Judge Thomas A. Wiseman, Jr., Chief Judge Terence T. Evans, Judge Henry A. Mentz, Jr., Chief Judge Wilbur D. Owens, Jr., Judge Henry R. Wilhoit, Jr., Judge Harold A. Baker, and Chief Judge Michael M. Mihm, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 30, 1995.

Attorney(s) appearing for the Case

Steven S. Rosenthal, Morrison & Foerster, Washington, DC, argued for plaintiff-appellants. With him on the brief were W. Stephen Smith and Eric N. Richardson. Of counsel was Ellen E. Deason.

Jeanne E. Davidson, Asst. Director, Commercial Litigation Div., Dept. of Justice, Washington, DC, argued for defendant-appellee. With her on the brief were Frank W. Hunger, Asst. Atty. Gen. and David M. Cohen, Director. Of counsel was Earl Sanders, Office of Gen. Counsel, Office of Personnel Management.

Before ARCHER, Chief Judge, PLAGER, and RADER, Circuit Judges.

RADER, Circuit Judge.

Sixteen federal judges challenged the withholding of Social Security taxes from their judicial salaries as a violation of the Compensation Clause of the United States Constitution, Article III, section 1. Accordingly, they sought a tax refund or recovery of their diminished compensation. The United States Court of Federal Claims granted the Government summary judgment. Hatter v. United States, 31 Fed.Cl. 436 (1994). Because the Compensation...

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