Seven current and former federal judges seeking cost-of-living salary increases recently were back in the U.S. Court of Appeals for the Federal Circuit. The U.S. Supreme Court remanded their case — Beer v. U.S. — last June to see if the judges were bound by a 2001 Federal Circuit ruling that Congress did not violate the compensation clause by withholding mandated salary adjustments in the Ethics Reform Act of 1989.
During arguments, the government contended that these judges are bound by the ruling in Williams v. U.S. The judges’ counsel, Christopher Landau of Kirkland & Ellis, disagreed: “We said we can’t be bound because we didn’t receive notice and opportunity to opt out.”
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