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In Arthrex, Justices Deal New Blow To Agency Independence

The U.S. Supreme Court’s Monday decision in U.S. v. Arthrex Inc . stripping administrative patent judges of final decision-making authority is a bombshell for the intellectual property world, but experts say it also blunts Congress’ efforts to keep politics out of agency adjudications. The most likely agencies to be affected, some experts say, include the…
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High Court Powers Up Fannie-Freddie Case Hinged on Presidential Powers

Congress designed the Federal Housing Finance Agency in violation of separation-of-powers rules, the Supreme Court ruled Wednesday, putting wind in the sails of a shareholder class action against Fannie Mae and Freddie Mac implicating billions of federal dollars. Fannie Mae and Freddie Mac shareholders Patrick Collins, Marcus Liotta and William Hitchcock brought the case here two…
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Industry Reacts to the Supreme Court’s Arthrex Ruling: Chaos Averted – or Just Delayed?

The Supreme Court issued a split 5-4 decision earlier today, in which a plurality of the Court agreed with the U.S. Court of Appeals for the Federal Circuit (CAFC) that the structure of the Patent Trial and Appeal Board (PTAB) under the America Invents Act (AIA) has resulted in Administrative Patent Judges (APJs) being unconstitutionally appointed…
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We Still Can Bring Civil Liberties Lawsuits and Establish Precedent Against Lockdowns

NCLA Litigation Counsel Jenin Younes joins “Save the Nation” on Newsmax TV to discuss Governor Cuomo’s abuse of power, violations of civil liberties in New York, and whether it is possible to establish a legal precedent against lockdowns for the future. TweetShareShare0 Shares
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Philip Hamburger on Court Packing

During the 2020 election campaign, Joe Biden and the Democratic Party floated the idea of “court packing” — adding Justices to the Supreme Court. The call for court reform was a response to Amy Coney Barrett’s nomination following the death of Justice Ruther Bader Ginsburg. Fast forward to April 15, 2021. Congress has introduced legislation that…
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