United States v. Arthrex Inc. [SCOTUSbrief]
Short video featuring Aditya Bamzai
Under the appointments clause of the Constitution, there are two types of executive officers: principal officers and inferior officers. The line between the two types of officers, however, is not always clear, and that ambiguity has sparked a question over whether administrative patent judges have been properly appointed by the Secretary of Commerce.
Are administrative patent judges principal officers or inferior officers? Prof. Aditya Bamzai of the University of Virginia School of Law discusses the appointments clause and administrative patent judges in United States v. Arthrex. Supreme Court oral argument is March 1, 2021.
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Learn more about Aditya Bamzai:
https://www.law.virginia.edu/faculty/profile/ab3sy/2639868
Follow Aditya Bamzai on Twitter: @adityabamzai
https://twitter.com/adityabamzai
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Related Links & Differing Views:
Reason: “Supreme Court to Consider Constitutionality of Administrative Patent Judges”
https://reason.com/volokh/2020/10/13/supreme-court-to-consider-constitutionality-of-administrative-patent-judges/
Yale Journal on Regulation: “The Principal Officer Puzzle”
https://www.yalejreg.com/nc/the-principal-officer-puzzle-by-alan-b-morrison/
Stanford Law Review: “Who Are ‘Officers of the United States’?”
https://review.law.stanford.edu/wp-content/uploads/sites/3/2018/02/70-Stan.-L.-Rev.-443.pdf
The Federalist Society: “Appointments Clause Back in the Supreme Court: Patent Office Judges as Principal or Inferior Officers”
https://fedsoc.org/index.php/events/appointments-clause-back-in-the-supreme-court-patent-office-judges-as-principal-or-inferior-officers
Washington Legal Foundation Legal Pulse: “The PTAB Is Here to Stay, but Individual Administrative Patent Judges May Not Be”
https://www.wlf.org/2019/11/12/wlf-legal-pulse/the-ptab-is-here-to-stay-but-individual-administrative-patent-judges-may-not-be/
National Law Review: “Administrative Patent Judges – You’re Fired (At Will and Without Cause)”
https://www.natlawreview.com/article/administrative-patent-judges-you-re-fired-will-and-without-cause
IP Watchdog: “It Matters: A Former Administrative Patent Judge’s Take on Arthrex”
https://www.ipwatchdog.com/2019/11/11/matters-former-administrative-patent-judges-take-arthrex/id=115779/
Professor of Law, University of Virginia School of Law
Aditya Bamzai is a professor of law at the University of Virginia. He teaches administrative law, civil procedure, computer crime and conflicts of law, and he has written about these and related subjects. He has argued cases relating to the separation of powers and national security in the U.S. Supreme Court, Foreign Intelligence Surveillance Court of Review, D.C. Circuit and other federal courts of appeals. From 2019 to 2021, he served as a Member of the Privacy and Civil Liberties Oversight Board, a federal agency charged with ensuring that the government’s national security efforts are balanced with the need to protect privacy and civil liberties. Before entering the academy, Bamzai was an attorney-adviser in the Office of Legal Counsel of the U.S. Department of Justice, and an appellate attorney in both private practice and for the National Security Division of the Department of Justice. Earlier in his career, he was a law clerk to Justice Antonin Scalia of the Supreme Court of the United States and to Judge Jeffrey Sutton of the Sixth Circuit Court of Appeals.