1. “[D]oes the Compensation Clause of Article III of the Constitution prohibit Congress from withholding the cost of living adjustments for Article III judges provided for in the Ethics Reform Act of 1989 (‘1989 Act’)?” 2. “[W]hether the 2001 amendment to Section 140 of Pub. L. No. 97-92 overrides the provisions of the 1989 Act.”
1. “[T]he 1989 Act triggered the Compensation Clause’s basic expectations and protections.” 2. “[T]he 1989 Act was enacted after Section 140, and as such, the 1989 Act’s automatic cost of living adjustments control.”
