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United States Vs. Hatter
Cites for this judgment
- US Supreme Court
- May 21, 2001
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U.S. 557 (2001) October Term, 2000 Syllabus United States V. HatterSearch
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Clause because an affirmance by an equally divided Court is conclusive and binding upon the parties. United States v. PinkSearch
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by an equally divided Court. The law of the case doctrine presumes a hearing on the merits. See, e. g., Quern v. JordanSearch
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tax (including an increase in rates or a change in conditions) upon judges and other citizens. See O'Malley v. WoodroughSearch
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U. S. 277 , 282. Insofar as Evans v. GoreSearch
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a tax law, unlike a law mandating a salary reduction, affects compensation indirectly, not directly. See United States v. WillSearch
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REHNQUIST, C. J., and KENNEDY, SOUTER, and GINSBURG, JJ., joined, and in which SCALIA, J., joined as to Parts I, II, and v. SCALIASearch
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Mark E. Haddad, Catherine v. BarradSearch
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upon judges and other citizens, O'Malley v. WoodroughSearch
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U. S. 203 , 216 (1942). 566 Pink, however, concerned a case, United States v. MoscowSearch
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divided Court was appropriate. The law of the case doctrine presumes a hearing on the merits. See, e. g., Quern v. JordanSearch
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to decide them. III The Court of Appeals upheld the judges' claim of tax immunity upon the authority of Evans v. GoreSearch
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before Congress enacted a tax but also judges whose appointments took place after the tax had become law. See Miles v. GrahamSearch
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U. S. 501, 509 (1925). Fourteen years after deciding Miles, this Court overruled Miles. O'Malley v. WoodroughSearch
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ecause Miles relied on Evans v. GoreSearch
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not necessarily that of Congress, which was silent on the matter. Cf. Motor Vehicle Mfrs. Assn. of United States, Inc. v. StateSearch
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thereby constitutionally permitting federal judges to draw a salary for life simply by continuing to serve. Cf. Booth v. UnitedSearch
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the Compensation Clause. v. TheSearch
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Opinion of SCALIA, J. I As an initial matter, I think the Court is right in concluding that Evans v. GoreSearch
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to sitting Article III judges-is no longer good law, and should be overruled. We went out of our way in O'Malley v. WoodroughSearch
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U. S. 277 , 280-281 (1939), to catalog criticism of Evans, and subsequently recognized, in United States v. WillSearch
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THOMAS, concurring in the judgment in part and dissenting in part. I believe this Court was correct in Evans v. GoreSearch
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Syllabus United States V. HatterSearch
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See O'Malley v. WoodroughSearch
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Evans v. GoreSearch
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See United States v. WillSearch
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Mark E. Haddad, Catherine v. BarradSearch
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United States v. MoscowSearch
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of Evans v. GoreSearch
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See Miles v. GrahamSearch
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Miles. O'Malley v. WoodroughSearch
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Cf. Motor Vehicle Mfrs. Assn. of United States, Inc. v. StateSearch
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Cf. Booth v. UnitedSearch
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the Compensation Clause. v. TheSearch
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