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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. Parties may petition for a rehearing, but only APJs can grant such a rehearing.

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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

The General Counsel found that the company was violating federal law by preventing staff from wearing BLM imagery on their aprons. 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.”

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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

Civil law cases. In both cases, the so-called greening of human rights is observed, where the citizens attempt to incorporate the interests to not have their health damaged by GHG emissions into personal rights that are commonly used as a legal basis for an injunction in civil law cases. Administrative complaints.

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

SCOTUSBlog

The first case involves Axon Enterprise, an Arizona company that makes police body cameras and other technology products for law enforcement. The ALJ imposed a substantial monetary penalty and barred her from practice before the SEC, but the decision was vacated after the Supreme Court ruled in Lucia v.

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