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WASHINGTON (AP) — With the nation teetering on an economic “fiscal cliff,” federal judges may soon force Congress to dedicate possibly millions of dollars to what some of those same judges must consider a worthy cause: their own salaries.

The U.S. Court of Appeals for the Federal Circuit in October ordered Congress to pay six federal judges years of back pay. Now a group of federal judges is pushing a classaction lawsuit to ensure all of the rest of the federal judges who also missed out on their cost-of-living increases get what they feel is their due.

It’s a touchy subject: One set of federal judges asking another set to essentially approve salary increases for everyone. Though, of course, Congress also ultimately controls its own salaries.

Congress in 1989 limited federal judges’ ability to earn money outside of their work on the bench and in exchange provided what was supposed to be automatic cost-of-living increases to judicial salaries to ensure inflation wouldn’t erode the value of those salaries over time.

U.S. District Judge Royal Furgeson Jr. of Texas, one of the judges seeking classaction status, called that a “binding commitment” made by the legislative branch for the judicial branch to “receive the same yearly COLAs awarded to all other federal employees, to keep us even with inflation.”



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