> However, they are (presumably) creating a body of case law. And case law is law.
Are they? Non-appellate court decisions, except in that they are binding in future disputes between the same parties under the principle or res judicata, aren't binding on future courts (not different courts, nor even the same court.) Appellate court decisions are binding on lower courts subject that court of appeals, but its not clear to me that, even with the review relationship they have, that the relationship between the FISC and the FISCR is one of lower court and appellate court such that the decisions of the latter are precedent binding on the latter. And even if it was, IIRC, only published decisions generally serve as binding precedent.
So I'd be inclined to say that the FISC almost certainly doesn't, and the FISCR probably also doesn't, really create case law in any substantive sense.
Are they? Non-appellate court decisions, except in that they are binding in future disputes between the same parties under the principle or res judicata, aren't binding on future courts (not different courts, nor even the same court.) Appellate court decisions are binding on lower courts subject that court of appeals, but its not clear to me that, even with the review relationship they have, that the relationship between the FISC and the FISCR is one of lower court and appellate court such that the decisions of the latter are precedent binding on the latter. And even if it was, IIRC, only published decisions generally serve as binding precedent.
So I'd be inclined to say that the FISC almost certainly doesn't, and the FISCR probably also doesn't, really create case law in any substantive sense.