BEER v. U.S.

No. 2010-5012.

696 F.3d 1174 (2012)

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.

October 5, 2012.


Attorney(s) appearing for the Case

Christopher Landau , Kirkland & Ellis, LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were John C. O'Quinn and K. Winn Allen .

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.

Jeffrey A. Lamken , MoloLamken LLP, of Washington, DC, for amicus curiae, The Federal Judges Association. With him on the brief were Martin V. Totaro and Lucas M. Walker .

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.


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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases