Home > Legal Updates > SCOTUS Today: Circuit Split Over Salary History Gets a Temporary Pass – but Expect Future Challenges

SCOTUS Today: Circuit Split Over Salary History Gets a Temporary Pass – but Expect Future Challenges

The Court’s per curiam opinion in Yovino v. Rizo—holding that the Ninth Circuit erred in counting the votes of Judge Stephen Reinhart as to judgments that were issued after he had died—will get a lot of attention in light of its resolution of the issue of what constitutes a judge being in active service, an opinion concluding with the informative and pithy line: “But federal judges are appointed for life, not for eternity.” In the here and how, however, this decision has immediate consequences, particularly for those who practice in the area of labor and employment of law.

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