WASHINGTON (AP) — The Supreme Court won’t stop some federal judges from getting cost-of-living increases promised to them by Congress but never paid.
The high court last week refused to hear an appeal of a decision ordering the money to six federal judges.
Congress in 1989 limited federal judges’ ability to earn money outside of their job, giving them instead automatic cost-of-living increases.
But Congress withheld those cost-of-living increases in 1995, 1996, 1997, 1999, 2007 and 2010, while giving other federal employees their promised increases.
The U.S. Court of Appeals for the Federal Circuit in October ordered Congress to pay the six federal judges who sued for back pay, saying the Constitution ordered that compensation for federal judges “shall not be diminished during their continuance in office.”
“Congress’ acts in 1995, 1996, 1997 and 1999 constitute unconstitutional diminishments of judicial compensation,” the appeals court said in its October order, adding that money also was due that had been withheld in 2007 and 2010.
“As relief, appellants are entitled to monetary damages for the diminished amounts they would have been paid if Congress had not withheld the salary adjustments.”
The justices refused to reconsider that decision.
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