Glidden Co. v. Zdanok
| Glidden Co. v. Zdanok | |
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| Argued February 21, 26, 1962 Decided June 25, 1962 |
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| Full case name | Glidden Company v. Olga Zdanok, John Zacharczyk, Mary A. Hackett, Quitman Williams, and Marcelle Kreischer; Durkee Famous Foods Division, a Foreign Corporation and Benny Lurk v. United States |
| Citations | 370 U.S. 530 (more)
82 S. Ct. 1459; 8 L. Ed. 2d 671; 1962 U.S. LEXIS 2139; 45 Lab. Cas. (CCH) P17,685; 50 L.R.R.M. 2693
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| Prior history | 288 F.2d 99, 47 L.R.R.M. (BNA) 2865, 90 A.L.R.2d 965, 42 Lab.Cas. P 16,855 (2nd Cir. 1961); 185 F.Supp. 441, 46 L.R.R.M. (BNA) 2584, 40 Lab.Cas. P 66,747 (S.D.N.Y. 1961); 28 F.R.D. 346, 4 Fed.R.Serv.2d 460 (S.D.N.Y. 1961); 296 F.2d 360, 111 U.S.App.D.C. 238 (D.C. Cir. 1961) |
| Subsequent history | 371 U.S. 854, 83 S.Ct. 14, 9 L.Ed.2d 93 (Rehearing denied) |
| Holding | |
| Tthe Court of Claims and the Court of Customs and Patent Appeals are courts created under Article III of the Constitution and their judges are constitutionally protected in tenure and compensation, the designation of judges from those courts to sit on Courts of Appeals and United States District Courts was valid and judgments of the Court of Appeals and District Court were not vitiated by respective participation of such judges. | |
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| Case opinions | |
| Plurality | Harlan, joined by Brennan, Stewart |
| Concurrence | Clark, joined by Warren |
| Dissent | Douglas, joined by Black |
| Frankfurter and White took no part in the consideration or decision of the case. | |
| Laws applied | |
| U.S. Const. Article III, §§ 1-2 | |
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This case overturned a previous ruling or rulings
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Ex parte Bakelite Corp., 279 U.S. 438 (1929) Williams v. United States, 289 U.S. 553 (1933) |
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Glidden Co. v. Zdanok (consolidated with Lurk v. United States), 370 U.S. 530 (1962), is a United States Supreme Court case in which the Court held that judges of the Court of Claims and the Court of Customs and Patent Appeals were judges created under Article III of the Constitution (also known as Article III judges). As such, it was permissible for the Chief Justice of the United States under 28 U.S.C. § 293(a) to designate judges from the Court of Claims and the Court of Customs and Patent Appeals to serve on district courts and courts of appeals.
In Ex parte Bakelite Corp., 279 U.S. 438 (1929), and Williams v. United States, 289 U.S. 553 (1933), the Court held that the United States Court of Customs and Patent Appeals and the United States Court of Claims were courts created under Article I of the Constitution. However, the U.S. Congress in 67 Stat. 226 (1953) and 72 Stat. 848 (1958), had indicated that the two courts were constituted under Article III of the Constitution. This distinction was important as judges of Article III courts are considered part of the independent judiciary as they are appointed for life and their salary cannot be decreased, which is in turn considered a requirement for the operation of judiciary as a separate branch of government. In the two cases at hand, judges from these courts had been assigned to courts of appeals and districts court by the Chief Justice of the United States as part of the task of balancing the workloads among the various courts. It was contended that these judges were judges of Article I courts and therefore could not adjudicate decisions on Article III courts. It was contended that as the judgments of the Court of Claims had traditionally required Congressional appropriation to pay prevailing plaintiffs, because the Court of Claims issued advisory reports in response to matters referred to it by Congress under 28 U.S.C. § 1492, and because the Court of Customs and Patent Appeals could review certain administrative decisions of the Tariff Commission under 28 U.S.C. § 1543, that they there not truly independent as required by Article III.
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