Glidden Co. v. Zdanok
Encyclopedia
Glidden Co. v. Zdanok , is a United States Supreme Court
case in which the Court held that judges of the Court of Claims
and the Court of Customs and Patent Appeals
were judges created under Article III
of the Constitution
(also known as Article III judges
). As such, it was permissible for the Chief Justice of the United States
under 28 U.S.C. § 293(a) to designate judges from the Court of Claims and the Court of Customs and Patent Appeals to serve on district courts
and courts of appeals
.
of the Constitution. However, the U.S. Congress in 67 Stat. 226 (1953) and 72 Stat. 848 (1958), had indicated that the two courts were constituted under Article III of the Constitution. This distinction was important as judges of Article III courts are considered part of the independent judiciary as they are appointed for life and their salary cannot be decreased, which is in turn considered a requirement for the operation of judiciary as a separate branch of government. In the two cases at hand, judges from these courts had been assigned to courts of appeals and districts court by the Chief Justice of the United States as part of the task of balancing the workloads among the various courts. It was contended that these judges were judges of Article I courts and therefore could not adjudicate decisions on Article III courts. It was contended that as the judgments of the Court of Claims had traditionally required Congressional appropriation to pay prevailing plaintiffs, because the Court of Claims issued advisory reports in response to matters referred to it by Congress under , and because the Court of Customs and Patent Appeals could review certain administrative decisions of the Tariff Commission under , that they there not truly independent as required by Article III.
, writing for himself, Justice Brennan
and Justice Stewart
, held that Bakelite and Williams were decided incorrectly and that the courts had always been Article III courts and that the Congressional act of 1953 and 1958 confirmed that status. As such, it was permissible for judges from either court to be designated for service on courts of appeals and district courts and the decisions of the lower courts in this instance were valid. Justice Clark
, writing for himself and the Chief Justice
, concurred in the result, but concurred on the grounds that the 1953 and 1958 Acts made the courts Article III courts in light of the confusion that led to the Bakelite and Williams decisions, which were otherwise accurate. He found that the issues of Congressional reference cases under could be resolved by the Court of Claims declining future cases and that the Tariff Commission cases under were too insignificant to countermand the express Congressional intent of the 1958 act. Justice Douglas
, writing for himself and Justice Black
, dissented on the grounds that the courts were Article I courts and that the importance of an independent judiciary prevented non-Article III judges from deciding matters brought before Article III courts. The same confluence of practical considerations that dictated the result in Canter has governed the decision in later cases sanctioning the creation of other courts with judges of limited tenure. Tenure that is guaranteed by the Constitution is a badge of a judge of an Article III court. The argument that mere statutory tenure is sufficient for judges of Article III courts was authoritatively answered in Ex parte Bakelite Corp., supra, at 459-460:
In United States v. Coe, for example, the Court sustained the authority of the Court of Private Land Claims to adjudicate claims under treaties to land in the territories, but left it expressly open whether such a course might be followed within the States. Upon like considerations, Article III has been viewed as inapplicable to courts created in unincorporated territories outside the mainland, and to the consular courts established by concessions from foreign countries.
Despite the reasoning's status as a plurality opinion that lacks stare decisis
, it remains important, having been cited in 68 Supreme Court cases and at least 367 lower court cases. It also stands as a defining case in the distinctions between Article I and Article III courts. Further, the need to retain Congressional reference jurisdiction was a reason that the Claims Court was specifically designated an Article I court by Congress in 1982.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case in which the Court held that judges of the Court of Claims
United States Court of Claims
The Court of Claims was a federal court that heard claims against the United States government. It was established in 1855 as the Court of Claims, renamed in 1948 to the United States Court of Claims , and abolished in 1982....
and the Court of Customs and Patent Appeals
United States Court of Customs and Patent Appeals
The United States Court of Customs and Patent Appeals is a former United States federal court which existed from 1909 to 1982 and had jurisdiction over certain types of civil disputes.-History:...
were judges created under Article III
Article Three of the United States Constitution
Article Three of the United States Constitution establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States and lower courts as created by Congress.-Section 1: Federal courts:...
of the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
(also known as Article III judges
Article I and Article III tribunals
In the United States, the American legal system includes both state courts and United States federal courts. The federal tribunals may be an Article III tribunal or another adjudicative body classified as an Article I or an Article IV tribunal...
). As such, it was permissible for the Chief Justice of the United States
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
under 28 U.S.C. § 293(a) to designate judges from the Court of Claims and the Court of Customs and Patent Appeals to serve on district courts
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
and courts of appeals
United States courts of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
.
Background
In Ex parte Bakelite Corp., , and Williams v. United States, , the Court held that the United States Court of Customs and Patent Appeals and the United States Court of Claims were courts created under Article IArticle One of the United States Constitution
Article One of the United States Constitution describes the powers of Congress, the legislative branch of the federal government. The Article establishes the powers of and limitations on the Congress, consisting of a House of Representatives composed of Representatives, with each state gaining or...
of the Constitution. However, the U.S. Congress in 67 Stat. 226 (1953) and 72 Stat. 848 (1958), had indicated that the two courts were constituted under Article III of the Constitution. This distinction was important as judges of Article III courts are considered part of the independent judiciary as they are appointed for life and their salary cannot be decreased, which is in turn considered a requirement for the operation of judiciary as a separate branch of government. In the two cases at hand, judges from these courts had been assigned to courts of appeals and districts court by the Chief Justice of the United States as part of the task of balancing the workloads among the various courts. It was contended that these judges were judges of Article I courts and therefore could not adjudicate decisions on Article III courts. It was contended that as the judgments of the Court of Claims had traditionally required Congressional appropriation to pay prevailing plaintiffs, because the Court of Claims issued advisory reports in response to matters referred to it by Congress under , and because the Court of Customs and Patent Appeals could review certain administrative decisions of the Tariff Commission under , that they there not truly independent as required by Article III.
Opinion of the Court
In a plurality opinion, the Justice HarlanJohn Marshall Harlan II
John Marshall Harlan was an American jurist who served as an Associate Justice of the Supreme Court from 1955 to 1971. His namesake was his grandfather John Marshall Harlan, another associate justice who served from 1877 to 1911.Harlan was a student at Upper Canada College and Appleby College and...
, writing for himself, Justice Brennan
William J. Brennan, Jr.
William Joseph Brennan, Jr. was an American jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990...
and Justice Stewart
Potter Stewart
Potter Stewart was an Associate Justice of the United States Supreme Court. During his tenure, he made, among other areas, major contributions to criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence.-Education:Stewart was born in Jackson, Michigan,...
, held that Bakelite and Williams were decided incorrectly and that the courts had always been Article III courts and that the Congressional act of 1953 and 1958 confirmed that status. As such, it was permissible for judges from either court to be designated for service on courts of appeals and district courts and the decisions of the lower courts in this instance were valid. Justice Clark
Tom C. Clark
Thomas Campbell Clark was United States Attorney General from 1945 to 1949 and an Associate Justice of the Supreme Court of the United States .- Early life and career :...
, writing for himself and the Chief Justice
Earl Warren
Earl Warren was the 14th Chief Justice of the United States.He is known for the sweeping decisions of the Warren Court, which ended school segregation and transformed many areas of American law, especially regarding the rights of the accused, ending public-school-sponsored prayer, and requiring...
, concurred in the result, but concurred on the grounds that the 1953 and 1958 Acts made the courts Article III courts in light of the confusion that led to the Bakelite and Williams decisions, which were otherwise accurate. He found that the issues of Congressional reference cases under could be resolved by the Court of Claims declining future cases and that the Tariff Commission cases under were too insignificant to countermand the express Congressional intent of the 1958 act. Justice Douglas
William O. Douglas
William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...
, writing for himself and Justice Black
Hugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...
, dissented on the grounds that the courts were Article I courts and that the importance of an independent judiciary prevented non-Article III judges from deciding matters brought before Article III courts. The same confluence of practical considerations that dictated the result in Canter has governed the decision in later cases sanctioning the creation of other courts with judges of limited tenure. Tenure that is guaranteed by the Constitution is a badge of a judge of an Article III court. The argument that mere statutory tenure is sufficient for judges of Article III courts was authoritatively answered in Ex parte Bakelite Corp., supra, at 459-460:
". . . the argument is fallacious. It mistakenly assumes that whether a court is of one class or the other depends on the intention of Congress, whereas the true test lies in the power under which the court was created and in the jurisdiction conferred. Nor has there been any settled practice on the part of Congress which gives special significance to the absence or presence of a provision respecting the tenure of judges. This may be illustrated by two citations. The same Congress that created the Court of Customs Appeals made provision for five additional circuit judges and declared that they should [370 U.S. 530, 597] hold their offices during good behavior; and yet the status of the judges was the same as it would have been had that declaration been omitted. In creating courts for some of the Territories Congress failed to include a provision fixing the tenure of the judges; but the courts became legislative courts just as if such a provision had been included."
In United States v. Coe, for example, the Court sustained the authority of the Court of Private Land Claims to adjudicate claims under treaties to land in the territories, but left it expressly open whether such a course might be followed within the States. Upon like considerations, Article III has been viewed as inapplicable to courts created in unincorporated territories outside the mainland, and to the consular courts established by concessions from foreign countries.
Subsequent developments
In response to this decision, Congress passed 80 Stat. 958 in 1966 which assigned Congressional reference cases from the Article III appellate division judges of the Court of Claims to the Article I trial division commissioners of the Court of Claims. This permitted the Court of Claims to resume hearing Congressional reference cases, which it had ceased accepting in light of Glidden. In 1982, as part of the Federal Courts Improvement Act, Congress passed 96 Stat. 25, which removed the ability to designate judges from the new Article I Claims Court for use on Article III courts.Despite the reasoning's status as a plurality opinion that lacks stare decisis
Stare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
, it remains important, having been cited in 68 Supreme Court cases and at least 367 lower court cases. It also stands as a defining case in the distinctions between Article I and Article III courts. Further, the need to retain Congressional reference jurisdiction was a reason that the Claims Court was specifically designated an Article I court by Congress in 1982.