Legal Opinion

United States v. Janet Woodley

Court of Appeals for the Ninth Circuit

Decided March 8, 1984No. 82-1028PublishedCited by 9 opinions

1Opinion of the Court

NORRIS, Circuit Judge:

This ease presents a question of substantial constitutional importance: whether a person lacking the essential attributes of an article III judge — life tenure and protection against diminution of compensation — may nonetheless exercise the judicial power of the United States by virtue of a recess appointment made pursuant to article II, section 2 of the Constitution. 1 We are thus called upon to address the inherent tension between the so-called recess appointment clause, which on its face applies to vacancies in any government office, and section 1 of article III which…

2Cases cited31 opinions

  1. Preiser v. RodriguezSupreme Court of the United States · 1973
  2. Stovall v. DennoSupreme Court of the United States · 1967
  3. Marbury v. MadisonSupreme Court of the United States · 1803
  4. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  5. United States v. NixonSupreme Court of the United States · 1974

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3Cited by9 opinions

  1. Pacemaker Diagnostic Clinic of America, Inc., a Corporation, Plaintiff- Cross-Appellee v. Instromedix, Inc., a Corporation, Cross-AppellantCourt of Appeals for the Ninth Circuit · 1984
  2. Sharon Andrade v. Charles A. Lauer, Acting Administrator, Office of Juvenile JusticeCourt of Appeals for the D.C. Circuit · 1984
  3. United States v. Janet WoodleyCourt of Appeals for the Ninth Circuit · 1985
  4. H.T. Poindexter & Sons Merchandising Co. v. Small (In Re Transport Clearings-Midwest, Inc.)United States Bankruptcy Court, W.D. Missouri · 1984
  5. Bluford v. First Fidelity Mortgage Co. (In Re Bluford)United States Bankruptcy Court, W.D. Missouri · 1984

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