Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:
- an article noting how, “out of the nation’s 13 federal appeals courts, the U.S. Court of Appeals for the Federal Circuit is a remarkable outlier, having sent just one of its former clerks on to the chambers of a Supreme Court justice”;
- an article discussing discussing how this week the Supreme Court “considered whether federal district courts have the authority to hear certain constitutional challenges to laws affecting veterans’ benefits and, if they do, what types of constitutional challenges fall into this category”; and
- an article reporting how, after “Judge Clevenger, 89, retired Friday after 36 years on the bench,” “[h]is former clerks and fellow judges all zeroed in on his intelligence, level of preparation for each case and discerning eye, which they say will be missed at the court.”
Jimmy Hoover wrote an article for Law.com noting how, “out of the nation’s 13 federal appeals courts, the U.S. Court of Appeals for the Federal Circuit is a remarkable outlier, having sent just one of its former clerks on to the chambers of a Supreme Court justice.” Hoover notes “[i]t’s a stark disparity that some attribute—at least in part—to an unfair perception that the Federal Circuit is somehow less prestigious than other federal courts of appeal.” Hoover recounts a story from Ruthanne Deutsch, the only former Federal Circuit clerk to clerk at the Supreme Court, who explained how Justice O’Connor, upon learning Deutsch clerked at the Federal Circuit, asked Deutsch, “What are you doing here?”
Kelsey Dallas authored an article for SCOTUSblog discussing how this week the Supreme Court “considered whether federal district courts have the authority to hear certain constitutional challenges to laws affecting veterans’ benefits and, if they do, what types of constitutional challenges fall into this category.” As summarized by Dallas, “appeals of benefits decisions go first to the Board of Veterans Appeals . . . and then to the Court of Appeals for Veterans Claims and the U.S. Court of Appeals for the Federal Circuit.” Dallas recounts how Justice Sotomayor asked the government’s lawyer “to explain why a veteran should have to bring a constitutional challenge to a statute through a lengthy administrative process not designed for such appeals.”
Dani Kass filed an article with Law360 reporting how, after “Judge Clevenger, 89, retired Friday after 36 years on the bench,” “[h]is former clerks and fellow judges all zeroed in on his intelligence, level of preparation for each case and discerning eye, which they say will be missed at the court.” Kass indicates one of Judge Clevenger’s clerks, Tara Elliott talked about how “[w]orking with Judge Clevenger was truly a treat.” Elliott went on to explain: “He’s brilliant. He’s incredibly funny. He’s an outstanding writer. And for him, the judge-clerk relationship is more than just the substantive work that we did together. It was one of genuine care. He cared about me, he cared about my family, he cared about my career.”