Supreme Court Commentaries
Patent Law, Appointments Clause, Administrative Law
Article II of the United States Constitution details the methods by which presidential subordinate officers must be appointed. Despite its presence in the Constitution’s original text, the Appointments Clause remains ambiguous. The Clause provides different appointment processes for principal and “inferior officers,” but does not distinguish between these officers’ functions. In United States v. Arthrex, Inc., the Supreme Court must clarify the relationship between an Executive officer’s responsibilities and their appointment process.
Albert Barkan, United States v. Arthrex Inc.: Clarifying Appointments Clause Requirements for Administrative Judges, 16 Duke Journal of Constitutional Law & Public Policy Sidebar 261-276 (2021)