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US Supreme Court rules administrative patent judge powers violate appointments clause

JURIST

The US Supreme Court ruled 5-4 on Monday in United States v. Arthrex that the America Invents Act gives powers to Administrative Patent Judges (APJs) that are inconsistent with the appointments clause of the US Constitution.

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SEC Urges Justices To Undo Ruling Against In-House Courts

Law 360

Supreme Court case that could spell the end of administrative law courts, urging the nation's highest court to reverse a lower court ruling that the agency says could prevent it from protecting investors against potentially harmful conduct.

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Justices reject issue-exhaustion requirement for Social Security claimants

SCOTUSBlog

Saul considered whether Social Security claimants are required not only to go through the administrative process before seeking relief in court, but whether they must raise before the agency all of the issues they will present when they get to court. Justice Sonia Sotomayor wrote the opinion for the court.

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Court Rules for Home Depot in Barring Black Lives Matter Imagery

JonathanTurley

That includes the Supreme Court’s unambiguous statement that “[w]hen an employee engages in speech that is part of the employee’s job duties, the employee’s words are really the words of the employer.” of State, County, and Mun. Employees, Council 31 (2018). ” Despite such decisions, the NRLB continues to push these claims.

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France court finds government liable for climate change inaction

JURIST

In determining whether the French state had failed in its obligations, the court ruled that the state could only be held responsible for part of the damages if it had not respected its commitments to reduce its greenhouse gas emissions.

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Guest Post: Climate Litigation in Japan: Citizens’ Attempts for the Coal Phase-Out

ClimateChange-ClimateLaw

This case is still pending before the Kobe District Court. Administrative complaints. The Osaka District Court and the Osaka High Court ruled that the plaintiffs lacked standing to bring the claims related to GHG emissions. This case is now brought before the Supreme Court.

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In back-to-back cases, justices will scrutinize traditional limits on challenges to agency proceedings

SCOTUSBlog

It sued in a federal district court, arguing that the FTC’s proceedings are unconstitutional both because the method of appointing ALJs (administrative law judges) violates the Constitution’s appointments clause and because the combination of investigatory, prosecutorial, and adjudicatory functions offends the due process clause.

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