United States v. Hatter, Judge, United States District Court for Th — Scalia, J., Concurring in Part and Dissenting…

Summary

Justice Scalia concurs with the majority that the Social Security tax extension to Article III judges violates the Compensation Clause, but dissents from the majority’s reasoning on the Medicare tax, arguing that eliminating a tax exemption that formed part of judges' compensation is unconstitutional. He also calls for overruling Evans v. Gore. The opinion includes a separate concurrence/dissent by Justice Thomas, who would uphold Evans and affirm the lower court.