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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. ” Justice Clarence Thomas was the sole member of the court to dissent on both issues.

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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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France court finds government liable for climate change inaction

JURIST

The Administrative Court of Paris on Wednesday held that the French state is “responsible” for failing to take sufficient measures to halt climate change and for failing to meet its greenhouse gas emission targets.

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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.” The Supreme Court has pushed back on federal agencies trying to regulate speech. of State, County, and Mun. In 2017, in Matal v.

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Justices reject issue-exhaustion requirement for Social Security claimants

SCOTUSBlog

Share The Supreme Court on Thursday ruled against the federal government and in favor of people seeking Social Security benefits on a procedural issue about administrative “exhaustion” requirements. The court ruled 9-0 that claimants need not raise all of their specific issues before the agency.

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

ClimateChange-ClimateLaw

The Supreme Court of Japan may soon weigh in on a growing field of climate litigation in Japan against coal-fired power plants. 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. Administrative complaints.

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

SCOTUSBlog

Cochran present a frontal assault on the traditional framework under which federal courts have entertained complaints about federal agencies. The first case involves Axon Enterprise, an Arizona company that makes police body cameras and other technology products for law enforcement. SEC that the ALJ’s appointment was unlawful.

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