In 2008 (before the US Supreme Court heard the "Carcieri" case below), in "MichGO v Kempthorne", Judge Janice Rogers Brown of the D.C. Circuit Court of Appeals wrote a dissent stating that she would have struck down key provisions of the IRA. Of the three circuit courts to address the IRA's constitutionality, Judge Brown is the only judge to dissent on the IRA's constitutionality. The majority opinion upheld its constitutionality. The U.S. Supreme Court did not accept the "MichGO" case for review, thus keeping the previous precedent in place. Additionally, the First, Eighth, and Tenth Circuits of the U.S. Court of Appeals have upheld the constitutionality of the IRA.