Professor Blackmun gives us a quick description of a Federal Circuit’s social dynamics compared to the private sector:
Generally, workplaces are not static. Over time, leaders with different styles come and go. Organizations are restructured. Workers who do not work out will leave, or are asked to leave. New blood is brought in to reinvigorate the organization. And, if the workplace is failing, eventually, the organization itself may become defunct.
These rules do not apply to the federal courts of appeals. Their membership is largely static. New judges are added on an infrequent basis, while senior judges tend to stick around. There are no leaders. (No, the chief judge does not count). Every member of the court has an equal vote. And, with rare exception, judges who are unhappy remain ensconced in their life-tenured sinecures. Finally, federal courts cannot be abolished–well, they probably can’t be abolished. These unique dynamics of the federal courts of appeals make interpersonal relationships very different than in traditional workplaces. [The Volokh Conspiracy]
I don’t think sinecure is actually the right word to use here, but that’s a detail. The real fun is reading about the friction caused by judges who are less respectful of precedent than others.
