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United States v. Wilson

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Argued May 1, 2002

Opinion for the Court filed by Circuit Judge Sentelle.

On January 13, 2000, President Clinton appointed appellee Victoria Wilson to the United States Commission on Civil Rights under a commission expressly stating that the appointment was “for the remainder of the term expiring November 29, 2001,” left vacant by the death in office of a prior member. After November 29, 2001, President Bush, treating Wilson’s commission as having expired on that date, appointed appellant Peter Kirsanow to succeed her. At the next meeting of the Commission, that body recognized Wilson as a continuing member on her assertion that she was entitled to a full six-year term on the Commission running from January 13, 2000, to January 12, 2006. The United States and Kirsanow filed this action seeking a declaratory judgment that Wilson’s term had expired and that Kirsanow is now a member of the Commission. The District Court granted summary judgment in favor of Wilson. The United States and Kirsanow appealed. Because we agree with appellants that Wilson’s term had expired, we reverse the District Court and remand with instructions for it to enter summary judgment for the appellants.

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