Pauline Newman, Judge, United States Court of Appeals for the Federal Circuit v. Kimberly A. Moore, Chief Judge, United States Court of Appeals for the Federal Circuit, et al.
1. Does 28 U.S.C. § 357(c)'s bar on judicial review of previously issued "orders" and "determinations" apply to ultra vires acts that exceed the scope of authority conferred by the Disability Act and the Constitution?
2. Does 28 U.S.C. § 357(c)'s bar on judicial review of previously issued "orders" and "determinations" deprive a court of jurisdiction to consider claims that seek forward-looking relief to enjoin future unlawful actions?
Whether 28 U.S.C. § 357(c)'s bar on judicial review of judicial council orders and determinations applies to ultra vires acts exceeding statutory and constitutional authority, and whether such bar deprives courts of jurisdiction to consider as-applied constitutional claims seeking prospective injunctive relief against future unlawful actions