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News - We're Left to Clean Up the Supreme Court's Messes


“‘Supreme Court Says Over 200 Patent Judges Were Improperly Appointed:
“‘The Supreme Court ruled…(in United States v. Arthrex) that more than 200 administrative judges who hear patent disputes, some of them over billions of dollars, had been appointed in violation of the Constitution.’
“These judges are indeed unconstitutional.  Because they are judges in the Executive Branch.  Which means the Executive Branch is pretending to be the Judicial Branch.  And that’s a bit of a Separation of Powers problem.
“These alleged judges preside over the Patent Trial and Appeal Board (PTAB)….
“‘The solution, a fractured majority of the court ruled, was to give the director of the U.S. Patent and Trademark Office the power to review the judges’ decisions in cases….’ ....

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Are Reforms to the Federal Vacancies Act Still Needed Under President Biden?


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Experts say “yes.” A House lawmaker plans to reintroduce a bill soon to make improvements. 
 
 
The Trump administration
had historic levels of acting officials as well as high turnover rates for top positions. There were particularly controversial situations with temporary leadership at the Homeland Security Department and Office of the Director of National Intelligence as well as acting inspectors general at the State and Transportation departments maintaining their other Senate-confirmed positions at the agencies. This all highlighted potential loopholes of the 1998 Federal Vacancies Reform Act, which outlines three classes of individuals who can serve in Senate-confirmed positions temporarily when an official “dies, resigns, or is otherwise unable to perform the functions and duties of the office,” and specifies f ....

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