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Old 12-12-2006, 09:08 AM
Shoonra Shoonra is offline
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Join Date: Oct 2005
Location: Maryland
Posts: 2,745
Quote:
Originally Posted by David Merrill

Also consider this: Any Article III judge cannot have his salary diminished during the term of office. How many of the USDC judges are Taxpayers?

Answer: All of them. There has been some litigation -- especially in the years immediately following the establishment of the federal income tax and the establishment of Medicare -- on whether the imposition of a new tax or new tax rate, generally applicable to everyone else in the country, could not be imposed also on Article III judges under the "not be diminished" clause (Art.III, sec.1). By now the entire generation of judges who were in office before the income tax laws were enacted has passed away, so ALL judges pay taxes, the only quibbling is whether they can be made to pay new taxes or tax rates.

US Supreme Court is an Article III court, explicitly created under Article III.

I believe you misunderstand Supreme Court Rule 45(1). It deals with "all process [issued] by this [Supreme] Court". "Process" is a term of art the describes various orders issued by the Supreme Court, some of which (such as a subpoena) are very rare, some of which (such as a stay) are merely infrequent. The rule merely describes the way the document will be captioned. So far nobody has litigated this rule so there is no authority for supposing it means more than this.

I have no idea what the reference to the flag is supposed to signify.

My recollection is that this thread started on the topic of the Tax Court and you have contributed nothing to answering that question.
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