Peter H. BEER, Terry J. Hatter, Jr., Richard A. Paez, Laurence H. Silberman, A. Wallace Tashima and U.W. Clemon, Plaintiffs-Appellants,
v.
UNITED STATES, Defendant-Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
Brian M. Simkin , Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Michael S. Macko , Trial Attorney.
Aaron M. Panner , Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., of Washington, DC, for amicus curiae, International Municipal Lawyers Association.
William P. Atkins , Pillsbury Winthrop Shaw Pittman, LLP, of McLean, VA, for amicus curiae, Bar Association of the District of Columbia. Of counsel was Erin M. Dunston , Buchanan Ingersoll & Rooney P.C., of Alexandria, VA.
Lawrence D. Rosenberg , Jones Day, of Washington, DC, for amicus curiae, American Bar Association.
Carter G. Phillips , Sidley Austin, LLP, of Washington, DC, for amicus curiae, Federal Circuit Bar Association. With him on the brief was Rebecca K. Wood .
Lawrence M. Friedman , Barnes, Richardson & Colburn, Of Chicago, Illinois, for amicus curiae, Customs and International Trade Bar Association.
Concurring opinion filed by Circuit Judge WALLACH.
United States Court of Appeals, Federal Circuit.
RADER, Chief Judge.
The Constitution erects our government on three foundational corner stones — one of which is an independent judiciary. The foundation of that judicial independence is, in turn, a constitutional protection for judicial compensation. The framers of the Constitution protected judicial compensation from political processes because "a power over a man's subsistence amounts to a power over his will." The Federalist No. 79, p. 472 (Alexander Hamilton...
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