Court News - The Senior Judges in the U.S. Court of Federal Claims

Posted on: 
2017-08-31

For more than 160 years, the U.S. Court of Federal Claims, along with its predecessor, the U.S. Court of Claims, has acted as "The People's Court," sometimes even referred to as the "keeper of the nation's conscience." As Abraham Lincoln stated in his Annual Message to Congress in 1861, "It is as much the duty of Government to render prompt justice against itself, in favor of citizens, as it is to administer the same between private individuals." While some may conflate the Court of Federal Claims with small claims courts across the country, there is nothing small about the Court of Federal Claims.

Indeed, the court disposed of 569 complaints last year where the total amount claimed equaled $995,275,774,000. Of the cases disposed, the court rendered $803,511,996.95 in judgments. While these amounts are impressive, it is especially notable that the court did so while weathering vacancies in six of its allotted 16 judgeships. In other words, in one year alone, the court adjudicated a caseload involving nearly $100 billion while missing over a third of its allotted judges and staff. Bearing a significant portion of this significant caseload and lack of jurists are the eight senior judges whose role is the subject of this article and without whom the court would not be able to timely complete its work. In the words of William Gladstone, "Justice delayed, is justice denied." Any delay in adjudicating $100 billion in claims against the United States by its citizens is certainly justice denied. Therefore, while the court awaits the nomination and confirmation of judges to fill its respective vacancies, the senior judges subject to recall will continue to fill the void alongside their active counterparts.

Read the entire article that was published in The Federal Lawyer - September 2017 issue.