Executive Offices

In Arthrex v. Smith & Nephew (June 21, 2021) the Supreme Court held that “the unreviewable executive power exercised by [Administrative Law Judges] is incompatible with their status as inferior officers.” In addition, the court vacated the Federal Circuit's remedy, which was to invalidate APJ's tenure protections, making them removable at will by the Secretary, because that remedy still does not afford the Director an opportunity to countermand an action by an APJ panel.

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