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 Department of Health and Human Services, the Department of Labor, and the Social Security Administration because actions of their administrative law bodies — unlike those of many other federal agencies’ in-house courts — are not reviewed by “principal officers” appointed by the president and confirmed by the Senate.
June 23, 2021
