Reading Room Document

Appointment of Member of Congress as a Judge of the U.S. Court of Appeals for the District of Columbia Circuit (II)

This document is a memorandum addressing the constitutional eligibility of Representative Abner Mikva for appointment to the U.S. Court of Appeals for the District of Columbia Circuit. The conclusion reached is that Mikva's appointment is not barred by Article 1, Section 6, Clause 2 of the Constitution, even if there is a prospect of a future salary increase during the term for which he was elected. The questions presented for review include whether a sitting member of Congress is barred from appointment to a federal judgeship, and if Congress has the power to exempt an office from coverage of a salary increase.

July 19, 1979