A Small Separate Matter

A US Federal Circuit Court judge has been suspended from hearing additional cases, and she’s suing and looking to get the Supreme Court to hear the matter. Her suspension is unconstitutional, she argues.

She’s right, but my concern concerns this claim, which Just the News included at the end of its article. The claim is from the DC Circuit, which heard the judge’s initial appeal of her suspension:

The US Court of Appeals for the DC Circuit last summer found its binding precedent barred review of her claims.

This is, to use a term of the art, idiotic. No precedent is completely binding, to the point of preventing and other outcome, on the court that issued the precedent. Every court that issues a precedential ruling is fully capable of modifying, overruling, or rescinding its own precedent. Even the judges of this famously liberal circuit court understand this.

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