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UNITED STATES v. HATTER

No. 99-1978.

532 U.S. 557 (2001)

121 S.Ct. 1782

149 L.Ed.2d 820

UNITED STATES v. HATTER, JUDGE, UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, et al.

Supreme Court of United States.

Decided May 21, 2001.

Attorney(s) appearing for the Case

Paul R. Q. Wolfson argued the cause for the United States. With him on the briefs were Acting Solicitor General Under wood, former Solicitor General Waxman, Assistant Attorney General Ogden, Deputy Solicitor General Kneedler, David M. Cohen, Douglas N. Letter, and Anne Murphy.

Steven S. Rosenthal argued the cause for respondents. With him on the brief were W. Stephen Smith and Ellen E. Deason.*

Breyer, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Kennedy, Souter, and Ginsburg, JJ., joined, and in which Scalia, J.,joined as to Parts I, II, and V. Scalia, J., filed an opinion concurring in part and dissenting in part, p. 581. Thomas, J., filed an opinion concurring in the judgment in part and dissenting in part, p. 586. Stevens, J., and O'Connor, J., took no part in the consideration or decision of the case.

Justice Breyer, delivered the opinion of the Court.

The Constitution's Compensation Clause guarantees federal judges a "Compensation, which shall not be diminished during their Continuance in Office." U. S. Const., Art. III, § 1. The Court of Appeals for the Federal Circuit held that this Clause prevents the Government from collecting certain Medicare and Social Security taxes from a small number of federal judges who...

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