Legal Opinion
United States v. Janet Woodley
Court of Appeals for the Ninth Circuit
Decided January 14, 1985No. 82-1028PublishedCited by 30 opinions
1Opinion of the Court
*1009BEEZER, Circuit Judge:
We take this case en banc to address the constitutionality of a practice followed by the Executive for nearly 200 years. The question before us is whether the President of the United States may constitutionally confer temporary federal judicial commissions during a recess of the Senate pursuant to article II, section 2 of the Constitution.
I
On February 28, 1980, Walter Heen was nominated to fill a judicial vacancy in the United States District Court for Hawaii. The Senate Judiciary Committee began confirmation hearings on his nomination on September 25, 1980. When the…
2Cases cited22 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Buckley v. ValeoSupreme Court of the United States · 1976
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Immigration & Naturalization Service v. ChadhaSupreme Court of the United States · 1983
17 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Swan v. ClintonCourt of Appeals for the D.C. Circuit · 1996
- Canning v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 2013
- National Labor Relations Board v. RELCO Locomotives, Inc.Court of Appeals for the Eighth Circuit · 2013
- In Re Sealed CaseCourt of Appeals for the D.C. Circuit · 1987
- National Labor Relations Board v. New Vista Nursing & RehabilitationCourt of Appeals for the Third Circuit · 2013
25 more not listed; retrieve them via the Exa API.