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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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US Supreme Court rejects North Carolina’s ‘independent legislature’ theory

JURIST

The US Supreme Court ruled Tuesday in Moore v. The theory stipulates that state legislatures retain exclusive authority over the administration of elections; therefore, state courts are not allowed to intervene, even if the law in question violates the state constitution. .”

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Court Rules for Home Depot in Barring Black Lives Matter Imagery

JonathanTurley

In January, I wrote a column criticizing the legal position of the National Labor Relations Board (NLRB) in favor of Whole Food workers seeking to wear Black Lives Matter (BLM) symbols or clothing at work. In my view, that position is legally unsustainable but continues to be advanced by the General Counsel and the NRLB.

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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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Justices probe states’ effort to defend Trump immigration rule after Biden stopped defending it in court

SCOTUSBlog

City and County of San Francisco , several of the justices seemed troubled by the Biden administration’s conduct and the prospect that the states may be left without any options in their effort to defend the rule’s legality. Brnovich again asserted that the Biden administration had engaged in an “unprecedented legal maneuver.”

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

ClimateChange-ClimateLaw

On May 6, 2022, the Citizens’ Committee on the Kobe Coal-Fired Power Plant filed an appeal to Japan’s Supreme Court in Citizens’ Committee on the Kobe Coal-Fired Power Plant v. Japan , their case challenging the legality of a governmental approval that allows for the construction and operation of new coal-fired power plants.

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Another federal agency challenges adverse ruling by 5th Circuit

SCOTUSBlog

To enforce these laws, Congress created the SEC. It granted the agency the power to regulate investors through either lawsuits in federal court or internal hearings in front of an administrative law judge, or ALJ. His day in court finally having arrived, Jarkesy appealed his constitutional challenge to the 5th Circuit.