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Home , Alan David Lourie, Alvin Anthony Schall, Debra Ann Livingston, Diana Gribbon Motz, Duane Benton, Edith Brown Clement

68 U.S. GOVERNMENT MANUAL

Constitution further provides that ‘‘[t]he change the original jurisdiction of this Judges, both of the supreme and inferior Court. Courts, shall hold their Offices during Rulemaking Power Congress has from good Behaviour, and shall, at stated time to time conferred upon the Times, receive for their Services, a Supreme Court power to prescribe rules Compensation, which shall not be of procedure to be followed by the diminished during their Continuance in lower courts of the . Office.’’ Court Term The term of the Court begins on the first Monday in October Court officers assist the Court in the and lasts until the first Monday in performance of its functions. They October of the next year. Approximately include the Administrative Assistant to 8,000 cases are filed with the Court in the Chief Justice, the Clerk, the Reporter the course of a term, and some 1,000 of Decisions, the Librarian, the Marshal, applications of various kinds are filed the Director of Budget and Personnel, each year that can be acted upon by a the Court Counsel, the Curator, the single Justice. Director of Data Systems, and the Public Access to Facilities The Supreme Court Information Officer. is open to the public from 9 a.m. to 4:30 Appellate Jurisdiction Appellate p.m., Monday through Friday, except on jurisdiction has been conferred upon the Federal holidays. Unless the Court or Supreme Court by various statutes under Chief Justice orders otherwise, the the authority given Congress by the Clerk’s office is open from 9 a.m. to 5 Constitution. The basic statute effective p.m., Monday through Friday, except on at this time in conferring and controlling Federal legal holidays. The library is jurisdiction of the Supreme Court may open to members of the bar of the Court, be found in 28 U.S.C. 1251, 1253, attorneys for the various Federal 1254, 1257–1259, and various special departments and agencies, and Members statutes. Congress has no authority to of Congress.

For further information concerning the Supreme Court, contact the Public Information Office, United States Supreme Court Building, One First Street NE., Washington, DC 20543. Phone, 202–479–3211. Internet, www.supremecourtus.gov.

Lower Courts

Article III of the Constitution declares, in Supreme Court of considering all appeals section 1, that the judicial power of the in cases originally decided by the United States shall be invested in one Federal trial courts. They are empowered Supreme Court and in ‘‘such inferior to review all final decisions and certain Courts as the Congress may from time to interlocutory decisions (18 U.S.C. 3731; time ordain and establish.’’ The Supreme 28 U.S.C. 1291, 1292) of district courts. Court has held that these constitutional They also are empowered to review and courts ‘‘. . . share in the exercise of the enforce orders of many Federal judicial power defined in that section, administrative bodies. The decisions of can be invested with no other the courts of appeals are final except as jurisdiction, and have judges who hold they are subject to review on writ of office during good behavior, with no certiorari by the Supreme Court. power in Congress to provide The United States is divided otherwise.’’ geographically into 12 judicial circuits, United States Courts of Appeals The including the District of Columbia. Each courts of appeals are intermediate circuit has a court of appeals (28 U.S.C. appellate courts created by act of March 41, 1294). Each of the 50 States is 3, 1891 (28 U.S.C. ch. 3), to relieve the assigned to one of the circuits. The

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territories and the Commonwealth of is the governing body for the Puerto Rico are assigned variously to the administration of the Federal judicial first, third, and ninth circuits. There is system as a whole (28 U.S.C. 331). also a Court of Appeals for the Federal United States Court of Appeals for the Circuit, which has nationwide Federal Circuit This court was jurisdiction defined by subject matter. At established under Article III of the present each court of appeals has from 6 Constitution pursuant to the Federal to 28 permanent circuit judgeships (179 Courts Improvement Act of 1982 (28 in all), depending upon the amount of U.S.C. 41, 44, 48), as successor to the judicial work in the circuit. Circuit former United States Court of Customs judges hold their offices during good and Patent Appeals and the United behavior as provided by Article III, States Court of Claims. The jurisdiction section 1, of the Constitution. The judge senior in commission who is under 70 of the court is nationwide (as provided years of age (65 at inception of term), by 28 U.S.C. 1295) and includes appeals has been in office at least 1 year, and from the district courts in patent cases; has not previously been chief judge, appeals from the district courts in serves as the chief judge of the circuit contract, and certain other civil actions for a 7-year term. One of the justices of in which the United States is a the Supreme Court is assigned as circuit defendant; and appeals from final justice for each of the 13 judicial decisions of the U.S. Court of circuits. Each court of appeals normally International Trade, the U.S. Court of hears cases in panels consisting of three Federal Claims, and the U.S. Court of judges but may sit with all Appeals for Veterans Claims. The judges present. jurisdiction of the court also includes the The judges of each circuit (except the review of administrative rulings by the Federal Circuit) by vote determine the Patent and Trademark Office, U.S. size of the judicial council for the International Trade Commission, circuit, which consists of the chief judge Secretary of Commerce, agency boards and an equal number of circuit and of contract appeals, and the Merit district judges. The council considers the Systems Protection Board, as well as state of Federal judicial business in the rulemaking of the Department of circuit and may ‘‘make all necessary and Veterans Affairs; review of decisions of appropriate orders for [its] effective and the U.S. Senate Select Committee on expeditious administration . . .’’ (28 Ethics concerning discrimination claims U.S.C. 332). The chief judge of each of Senate employees; and review of a circuit may summon periodically a final order of an entity to be designated judicial conference of all judges of the by the President concerning circuit, including members of the bar, to discrimination claims of Presidential discuss the business of the Federal courts appointees. of the circuit (28 U.S.C. 333). The chief The court consists of 12 circuit judges. judge of each circuit and a district judge It sits in panels of three or more on each elected from each of the 12 geographical circuits, together with the chief judge of case and may also hear or rehear a case the Court of International Trade, serve as en banc. The court sits principally in members of the Judicial Conference of Washington, DC, and may hold court the United States, over which the Chief wherever any court of appeals sits (28 Justice of the United States presides. This U.S.C. 48). Judicial Circuits—United States Courts of Appeals

Circuit Judges Official Station

District of Columbia Circuit

(Clerk: Mark J. Langer; Circuit Justice Circuit Executive: Elizabeth H. Paret; Chief Justice John G. Roberts, Jr. Washington, DC) Circuit Judges

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Judicial Circuits—United States Courts of Appeals—Continued

Circuit Judges Official Station

David Bryan Sentelle, Chief Judge Washington, DC Douglas H. Ginsburg Washington, DC Karen LeCraft Henderson Washington, DC A. Raymond Randolph Washington, DC Judith W. Rogers Washington, DC David S. Tatel Washington, DC Merrick B. Garland Washington, DC Janice Rogers Brown Washington, DC Thomas B. Griffith Washington, DC Brett M. Kavanaugh Washington, DC (2 vacancies)

First Circuit

Districts of Maine, New Circuit Justice Hampshire, , Justice David H. Souter Rhode Island, and Puerto Rico (Clerk: Richard C. Donovan; Circuit Judges Circuit Executive: , Chief Judge , MA Gary Wente; Juan R. Torruella San Juan, PR Sandra L. Lynch Boston, MA Kermit V. Lipez Portland, ME Jeffrey R. Howard Concord, NH (vacancy)

Second Circuit

Districts of Vermont, Circuit Justice , northern New Justice Ruth Bader Ginsburg York, southern New York, eastern New York, and Circuit Judges western New York Dennis G. Jacobs, Chief Judge New York, NY (Clerk: Catherine O’Hagan Wolfe; New Haven, CT Circuit Executive: Karen Greve Milton; Jose A. Cabranes New Haven, CT New York, NY) Chester J. Straub New York, NY Rosemary S. Pooler Syracuse, NY Robert D. Sack New York, NY New York, NY Robert A. Katzmann New York, NY Barrington D. Parker, Jr. White Plains, NY New York, NY Richard C. Wesley New York, NY Peter W. Hall New York, NY New York, NY

Third Circuit

Districts of New Jersey, Circuit Justice eastern , Justice David H. Souter middle Pennsylvania, western Pennsylvania, Circuit Judges Delaware, and the Virgin Anthony J. Scirica, Chief Judge Philadelphia, PA Islands Dolores Korman Sloviter Philadelphia, PA (Clerk: Marcia M. Waldron; Theodore A. McKee Philadelphia, PA Circuit Executive: Marjorie O. Rendell Philadelphia, PA Toby D. Slawsky; Maryanne Trump Barry Newark, NJ Philadelphia, PA) Thomas L. Ambro Wilmington, DE Julio M. Fuentes Newark, NJ D. Brooks Smith Duncansville, PA D. Michael Fisher Pittsburg, PA Michael A. Chagares Newark, NJ Kent A. Jordan Wilmington, DE Thomas M. Hardiman Pittsburgh, PA (3 vacancies)

Fourth Circuit

Districts of , Circuit Justice northern West Virginia, Chief Justice John G. Roberts, Jr. southern West Virginia, eastern Virginia, western Circuit Judges Virginia, eastern North Carolina, western North Karen J. Williams, Chief Judge Orangeburg, SC

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Judicial Circuits—United States Courts of Appeals—Continued

Circuit Judges Official Station

Carolina, middle North James Harvie Wilkinson III Charlottesville, VA Carolina, and South Paul V. Niemeyer , MD Carolina (Clerk: Patricia S. Connor; M. Blane Michael Charleston, WV Circuit Executive: Baltimore, MD Samuel W. Phillips; William B. Traxler, Jr. Greenville, SC Richmond, VA) Robert B. King Charleston, WV Roger L. Gregory Richmond, VA Dennis W. Shedd Columbia, SC Allyson K. Duncan Raleigh, NC (5 vacancies)

Fifth Circuit

Districts of northern Circuit Justice Mississippi, southern Mississippi, Justice Antonin Scalia eastern , middle Louisiana, western Louisiana, Circuit Judges northern , southern Edith Hollan Jones,Chief Judge , TX Texas, eastern Texas, and Houston western Texas E. Grady Jolly Jackson, MS (Clerk: Charles R. Fulbruge III; W. Eugene Davis Lafayette, LA Circuit Executive: Houston, TX Gregory A. Nussel; Jacques L. Wiener, Jr. , LA New Orleans, LA) Rhesa H. Barksdale Jackson, MS Emilio M. Garza San Antonio, TX Harold R. DeMoss, Jr. Houston, TX Fortunado P. Benavides Austin, TX Carl E. Stewart Shreveport, LA James L. Dennis New Orleans, LA New Orleans, LA Edward C. Prado San Antonio, TX Priscilla Richman Owen Austin, TX Houston, TX Leslie H. Southwick Jackson, MS

Sixth Circuit

Districts of northern , Circuit Justice southern Ohio, eastern Justice John Paul Stevens Michigan, western Michigan, eastern Kentucky, Circuit Judges western Kentucky, eastern Danny J. Boggs, Chief Judge Louisville, KY , middle Tennessee, Boyce F. Martin, Jr. Louisville, KY and western Tennessee Alice M. Batchelder Medina, OH (Clerk: Leonard Green; Nashville, TN Circuit Executive: Cleveland, OH Clarence G. Maddox II; Ransey Guy Cole, Jr. Columbus, OH Cincinnati, OH) Eric L. Clay Detroit, MI Memphis, TN Memphis, TN John M. Rogers Lexington, KY Jeffrey S. Sutton Columbus, OH Deborah L. Cook Akron, OH David W. McKeague Lansing, MI Richard A. Griffin Traverse City, MI (2 vacancies)

Seventh Circuit

Districts of northern , Circuit Justice southern Indiana, northern Justice John Paul Stevens Illinois, central Illinois, southern Illinois, eastern Circuit Judges Wisconsin, and western Frank H. Easterbrook, Chief Judge Chicago, IL Wisconsin Richard A. Posner Chicago, IL (Clerk: Gino J. Agnello; Joel M. Flaum Chicago, IL Circuit Executive: Kenneth F. Ripple South Bend, IN Collins T. Fitzpatrick; Daniel A. Manion South Bend, IN Chicago, IL) Michael S. Kanne Lafayette, IN Ilana Diamond Rovner Chicago, IL Diane P. Wood Chicago, IL Terence T. Evans Milwaukee, WI

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Judicial Circuits—United States Courts of Appeals—Continued

Circuit Judges Official Station

Ann C. Williams Chicago, IL Diane S. Sykes Milwaukee, WI John Daniel Tinder Indianapolis, IN

Eighth Circuit

Districts of Minnesota, Circuit Justice northern Iowa, southern Justice Samuel A. Alito, Jr. Iowa, eastern , western Missouri, eastern Circuit Judges Arkansas, western Arkansas, James B. Loken, Chief Judge Minneapolis, MN Nebraska, North Dakota, Roger L. Wollman Sioux Falls, SD and South Dakota Morris S. Arnold Little Rock, AR (Clerk: Michael Ellis Gans; Diana E. Murphy Minneapolis, MN Circuit Executive: Kermit E. Bye Fargo, ND Millie B. Adams; William Jay Riley Omaha, NE St. Louis, MO) Michael J. Melloy Cedar Rapids, IA Lavenski R. Smith Little Rock, AR Steven M. Colloton Des Moines, IA Raymond W. Gruender St. Louis, MO Kansas City, MO Bobby E. Shepherd El Dorado, AR

Ninth Circuit

Districts of northern Circuit Justice California, eastern Justice Anthony M. Kennedy California, central California, southern California, Oregon, Circuit Judges Nevada, Montana, eastern Alex Kozinski, Chief Judge Pasadena, CA Washington, western Harry Pregerson Woodland Hills, CA Washington, Idaho, Arizona, Stephen Reinhardt Los Angeles, CA Alaska, Hawaii, Territory Mary M. Schroeder Phoenix, AZ of Guam, and District Diarmuid F. O’Scannlain Portland, OR Court for the Northern Pamela Ann Rymer Pasadena, CA Mariana Islands Andrew J. Kleinfeld Fairbanks, AK (Clerk: Molly Dwyer; Phoenix, AZ Circuit Executive: Sidney R. Thomas Billings, MT Cathy A. Catterson; Barry G. Silverman Phoenix, AZ San Francisco, CA) Susan P. Graber Portland, OR M. Margaret McKeown Seattle, WA Kim M. Wardlaw Pasadena, CA William A. Fletcher San Francisco, CA Raymond C. Fisher Pasadena, CA Ronald M. Gould Seattle, WA Richard A. Paez Pasadena, CA Marsha S. Berzon San Francisco, CA Richard C. Tallman Seattle, WA Johnnie B. Rawlinson Las Vegas, NV Richard R. Clifton Honolulu, HI Jay S. Bybee Las Vegas, NV Consuelo Maria Callahan Sacramento, CA Carlos T. Bea San Francisco, CA D. Smith, Jr. Pasadena, CA Sandra S. Ikuta Pasadena, CA Norman Randy Smith Boise, ID (vacancy)

Tenth Circuit

Districts of Colorado, Circuit Justice Wyoming, Utah, Kansas, Justice Stephen G. Breyer eastern Oklahoma, western Oklahoma, northern Circuit Judges Oklahoma, and New Robert H. Henry,Chief Judge Oklahoma City, OK Mexico Paul J. Kelly, Jr. Santa Fe, NM (Clerk: Elisabeth A. Shumaker; Reece Tacha Lawrence, KS Circuit Executive: Lawrence, KS David J. Tighe; Carlos F. Lucero Denver, CO Denver, CO) Michael R. Murphy Salt Lake City, UT Harris L. Hartz Albuquerque, NM Terrence L. O’Brien Cheyenne, WY Michael W. McConnell Salt Lake City, UT

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Judicial Circuits—United States Courts of Appeals—Continued

Circuit Judges Official Station

Timothy M. Tymkovich Denver, CO Neil M. Gorusch Denver, CO Jerome A. Holmes Tulsa, OK

Eleventh Circuit

Districts of northern Circuit Justice Georgia, middle Georgia, Justice southern Georgia, northern Florida, middle Florida, Circuit Judges southern Florida, northern J.L. Edmondson, Chief Judge Atlanta, GA , middle Alabama, Gerald B. Tjoflat Jacksonville, FL southern Alabama R. Lanier Anderson III Macon, GA (Clerk: Thomas K. Kahn; Stanley F. Birch, Jr. Atlanta, GA Circuit Executive: Joel F. Dubina Montgomery, AL James P. Gerstenlauer; Susan H. Black Jacksonville, FL Atlanta, GA) Edward E. Carnes Montgomery, AL Rosemary Barkett Miami, FL Frank Mays Hull Atlanta, GA Miami, FL Charles R. Wilson Tampa, FL William H. Pryor, Jr. Birmingham, Al

Federal Circuit—Washington, DC senior in commission who is under 70 Circuit Justice years of age (65 at inception of term), Chief Justice John G. Roberts, Jr. has been in office for at least 1 year, and Chief Judge Paul R. Michel has not previously been chief judge, Judges serves as chief judge for a 7-year term. There are altogether 645 permanent district judgeships in the 50 States and Alan D. Lourie Randall R. Rader 15 in the District of Columbia. There are Alvin A. Schall 7 district judgeships in Puerto Rico. William C. Bryson Arthur J. Gajarsa District judges hold their offices during good behavior as provided by Article III, Timothy B. Dyk section 1, of the Constitution. However, Kimberly Moore Congress may create temporary Clerk: Jan Horbaly judgeships for a court with the provision that when a future vacancy occurs in United States District Courts The that district, such vacancy shall not be district courts are the trial courts of filled. Each district court has one or general Federal jurisdiction. Each State more United States magistrate judges has at least one district court, while the and bankruptcy judges, a clerk, a United larger States have as many as four. States attorney, a United States marshal, Altogether there are 89 district courts in probation officers, court reporters, and the 50 States, plus the one in the District their staffs. The jurisdiction of the district of Columbia. In addition, the courts is set forth in title 28, chapter 85, Commonwealth of Puerto Rico has a of the United States Code and at 18 district court with jurisdiction U.S.C. 3231. corresponding to that of district courts in Cases from the district courts are the various States. reviewable on appeal by the applicable At present, each district court has from court of appeals. 2 to 28 Federal district judgeships, Territorial Courts Pursuant to its depending upon the amount of judicial authority to govern the Territories (art. work within its territory. Only one judge IV, sec. 3, clause 2, of the Constitution), is usually required to hear and decide a Congress has established district courts case in a district court, but in some in the territories of Guam and the Virgin limited cases it is required that three Islands. The District Court of the Canal judges be called together to comprise Zone was abolished on April 1, 1982, the court (28 U.S.C. 2284). The judge pursuant to the Panama Canal Act of

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1979 (22 U.S.C. 3601 note). Congress U.S.C. 2501) involving antidumping and has also established a district court in countervailing duty matters. In addition, the Northern Mariana Islands, which it has exclusive jurisdiction of civil presently is administered by the United actions to review determinations as to States under a trusteeship agreement the eligibility of workers, firms, and with the United Nations. These communities for adjustment assistance Territorial courts have jurisdiction not under the Trade Act of 1974 (19 U.S.C. only over the subjects described in the 2101). Civil actions commenced by the judicial article of the Constitution but United States to recover customs duties, also over many local matters that, within to recover on a customs bond, or for the States, are decided in State courts. The district court of Puerto Rico, by certain civil penalties alleging fraud or contrast, is established under Article III, negligence are also within the exclusive is classified like other ‘‘district courts,’’ jurisdiction of the court. and is called a ‘‘court of the United The court is composed of a chief States’’ (28 U.S.C. 451). There is one judge and eight judges, not more than judge each in Guam and the Northern five of whom may belong to any one Mariana Islands, and two in the Virgin political party. Any of its judges may be Islands. The judges in these courts are temporarily designated and assigned by appointed for terms of 10 years. the Chief Justice of the United States to For further information concerning the lower sit as a court of appeals or district court courts, contact the Administrative Office of the judge in any circuit or district. The court United States Courts, Thurgood Marshall Federal Judiciary Building, One Columbus Circle NE., has a clerk and deputy clerks, a Washington, DC 20544. Phone, 202–502–2600. librarian, court reporters, and other supporting personnel. Cases before the United States Court of International court may be tried before a jury. Under Trade This court was originally established as the Board of United States the Federal Courts Improvement Act of General Appraisers by act of June 10, 1982 (28 U.S.C. 1295), appeals are 1890, which conferred upon it taken to the U.S. Court of Appeals for jurisdiction theretofore held by the the Federal Circuit, and ultimately district and circuit courts in actions review may be sought in appropriate arising under the tariff acts (19 U.S.C. cases in the Supreme Court of the ch. 4). The act of May 28, 1926 (19 United States. U.S.C. 405a), created the United States The principal offices are located in Customs Court to supersede the Board; New York, NY, but the court is by acts of August 7, 1939, and June 25, empowered to hear and determine cases 1948 (28 U.S.C. 1582, 1583), the court arising at any port or place within the was integrated into the United States jurisdiction of the United States. court structure, organization, and procedure. The act of July 14, 1956 (28 For further information, contact the Clerk, United U.S.C. 251), established the court as a States Court of International Trade, One Federal Plaza, New York, NY 10278–0001. Phone, 212– court of record of the United States 264–2814. under Article III of the Constitution. The Customs Court Act of 1980 (28 U.S.C. Judicial Panel on Multidistrict Litigation 251) constituted the court as the United The Panel, created by act of April 29, States Court of International Trade. 1968 (28 U.S.C. 1407), and consisting of The Court of International Trade has seven Federal judges designated by the jurisdiction over any civil action against Chief Justice from the courts of appeals the United States arising from Federal and district courts, is authorized to laws governing import transactions. This temporarily transfer to a single district, includes classification and valuation for coordinated or consolidated pretrial cases, as well as authority to review proceedings, civil actions pending in certain agency determinations under the different districts that involve one or Trade Agreements Act of 1979 (19 more common questions of fact.

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For further information, contact the Clerk, Judicial Panel on Multidistrict Litigation, Room G–255, Thurgood Marshall Federal Judiciary Building, One Columbus Circle NE., Washington, DC 20002– 8041. Phone, 202–502–2800.

Special Courts

The Supreme Court has held that For further information, contact the Clerk’s Office, United States Court of Federal Claims, 717 Madison ‘‘. . . Article III [of the Constitution] Place NW., Washington, DC 20005–1086. Phone, does not express the full authority of 202–357–6400. Internet, www.uscfc.uscourts.gov. Congress to create courts, and that other Articles invest Congress with powers in United States Court of Appeals for the the exertion of which it may create Armed Forces This court was inferior courts and clothe them with established under Article I of the functions deemed essential or helpful in Constitution of the United States carrying those powers into execution.’’ pursuant to act of May 5, 1950, as Such courts, known as legislative courts, amended (10 U.S.C. 867). Subject only have functions which ‘‘. . . are directed to certiorari review by the Supreme to the execution of one or more of such Court of the United States in a limited powers and are prescribed by Congress number of cases, the court serves as the independently of section 2 of Article III; final appellate tribunal to review court- and their judges hold office for such martial convictions of all the Armed term as Congress prescribes, whether it Forces. It is exclusively an appellate be a fixed period of years or during good criminal court, consisting of five civilian behavior.’’ Appeals from the decisions of judges who are appointed for 15-year these courts, with the exception of the terms by the President with the advice U.S. Tax Court and the U.S. Court of and consent of the Senate. The court is Appeals for the Armed Forces, may be called upon to exercise jurisdiction to taken to the U.S. Court of Appeals for review the record in all cases: the Federal Circuit. Appeals from the —extending to death; decisions of the Tax Court may be taken —certified to the court by a Judge to the court of appeals in which judicial Advocate General of an armed force or circuit the case was initially heard. by the General Counsel of the Certain decisions of the U.S. Court of Department of Transportation, acting for Appeals for the Armed Forces are the Coast Guard; or reviewable by writ of certiorari in the —petitioned by accused who have Supreme Court. received a sentence of confinement for 1 United States Court of Federal Claims year or more, and/or a punitive The U.S. Court of Federal Claims has discharge. jurisdiction over claims seeking money The court also exercises authority judgments against the United States. A under the All Writs Act (28 U.S.C. 1651 claim must be founded upon the United (a)). States Constitution; an act of Congress; In addition, the judges of the court are the regulation of an executive required by law to work jointly with the department; an express or implied-in-fact senior uniformed lawyer from each contract with the United States; or armed force, the Chief Counsel of the damages, liquidated or unliquidated, in Coast Guard, and two members of the cases not sounding in tort. Judges in the public appointed by the Secretary of U.S. Court of Federal Claims are Defense, to make an annual appointed by the President for 15-year comprehensive survey and to report terms, subject to Senate confirmation. annually to the Congress on the Appeals are to the U.S. Court of Appeals operation and progress of the military for the Federal Circuit. justice system under the Uniform Code

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