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Re: obiterdictum post# 589672

Thursday, 01/30/2020 10:58:51 PM

Thursday, January 30, 2020 10:58:51 PM

Post# of 794962
I wouldnt know how to answer your question as I am not versed enough in the rules of civil procedure. Could you answer your question? I will note that none of the courts addressed whether or not an article I Judge is less independent than an Article III Judge and whether or not that has any bearing on hearing a Tucker Act complaint. And as you say that was the main contention of Mr. Sammons. Too bad no judges would give an opinion. I wonder what the rationale was for Congress changing the Court. My gut tells me that an Article 1 judge is less dependent and likely to side with the government due to the lack of tenure. Just the nature of being human. In my non lawyer view it has the appearance of a conflict of interest to have a term limited judge under the executive branch hear and render opinions on fifth amendment takings claims against actions from the executive branch.