{"id":5509,"date":"2012-09-09T14:40:15","date_gmt":"2012-09-09T20:40:15","guid":{"rendered":"http:\/\/www.717madisonplace.com\/?p=5509"},"modified":"2012-09-09T19:58:56","modified_gmt":"2012-09-10T01:58:56","slug":"federal-circuit-hears-en-banc-oral-argument-over-beer","status":"publish","type":"post","link":"https:\/\/www.717madisonplace.com\/?p=5509","title":{"rendered":"Federal Circuit Hears En Banc Oral Argument over Beer"},"content":{"rendered":"<p>The Federal Circuit sat <em>en banc<\/em> this past Friday and heard the oral argument in <span style=\"text-decoration: underline;\">Beer v. U.S.<\/span> That case concerns judicial pay for Article III judges. \u00a0The judges of the Court of Appeals for the Federal Circuit are Article III judges; so, the outcome of the appeal could affect their pay.<\/p>\n<p>Chief Judge Randall Rader made a statement immediately before the oral argument began acknowledging the fact that this case could affect the judges of the Federal Circuit themselves. \u00a0However, he noted that the &#8220;Rule of Necessity&#8221; required them to adjudicate the case: \u00a0[<a href=\"http:\/\/www.717madisonplace.com\/wp-content\/uploads\/2012\/09\/2010-5012_972012-cj-rader1.mp3\">Listen<\/a>].<\/p>\n<p>Judge Rader&#8217;s statement:<\/p>\n<blockquote><p>Today&#8217;s appeal presents a somewhat unusual circumstance. \u00a0Any decision by this court may directly affect every member of not only the Federal Circuit but of the entire federal judiciary. \u00a0To some of us this is more than unusual, it is a little uncomfortable. \u00a0Yet the Supreme Court has stated that under the Rule of Necessity, we have a duty to decide cases involving judicial compensation in spite of any potential personal interest. \u00a0The Rule of Necessity states &#8220;although a judge had better not, if it can be avoided, take part in a decision of a case in which he has any personal interest, yet he not only may but must do so if the case cannot be heard otherwise.&#8221;<\/p>\n<p>These appellants have brought a cognizable claim and are entitled to their day in court. \u00a0As noted by perhaps the greatest American judge, Chief Justice John Marshall, in 1821 the judiciary unlike the legislature does not have the luxury of inaction when faced with difficult decisions. \u00a0Whatever difficulties a case may bring &#8220;we have no more right to decline the exercise of jurisdiction which is given than to usurp that which is not given.&#8221; \u00a0It is under this mandate that we sit and hear this case today.<\/p><\/blockquote>\n<p>You can listen to the entire oral argument here:  [<a href=\"http:\/\/oralarguments.cafc.uscourts.gov\/Audiomp3\/2010-5012_972012.mp3\">Listen<\/a>].<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Federal Circuit sat en banc this past Friday and heard the oral argument in Beer v. U.S. That case concerns judicial pay for Article III judges. \u00a0The judges of the Court of Appeals for the Federal Circuit are Article III judges; so, the outcome of the appeal could affect their pay. Chief Judge Randall [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/5509"}],"collection":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5509"}],"version-history":[{"count":12,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/5509\/revisions"}],"predecessor-version":[{"id":5522,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/5509\/revisions\/5522"}],"wp:attachment":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5509"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5509"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5509"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}