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Appointments Clause Trump Administration Constitutional Challenges

Holland & Knight LLP

Holland & Knight Health Dose: July 8, 2025

Holland & Knight LLP on

With the reconciliation package signed into law, the U.S. House of Representatives is in recess and will return on July 14, 2025. In the interim, the U.S. Senate will focus on the appropriations bills for fiscal year (FY)...more

Orrick, Herrington & Sutcliffe LLP

Fourteen state attorneys general sue Trump Administration, Elon Musk, challenging constitutionality of DOGE authority

On February 13, fourteen state attorneys general (AGs) filed a complaint in the U.S. District Court for the District of Columbia challenging the authority of DOGE and its head, Elon Musk, to take actions across the federal...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - July 2018: Do You Want An Inferior Judge? Why PTAB Judges May Be Unconstitutional And What Happens...

Is the appointment of PTAB administrative patent judges (APJs) constitutional? The patent bar is asking in the wake of the Supreme Court’s decision in Lucia v. SEC....more

Carlton Fields

Circuits Split Over Constitutionality of SEC’s Administrative Law Judges

Carlton Fields on

The Tenth Circuit Court of Appeals, in Bandimere v. SEC, recently held that the SEC’s administrative law judges (ALJs) are “inferior officers” whose appointments violate the Appointments Clause of the U.S. Constitution...more

Cadwalader, Wickersham & Taft LLP

The Tenth Circuit Rules SEC Administrative Judges Are Unconstitutional, Setting Up Potential Supreme Court Review

The constitutionality of the SEC’s in-house administrative proceedings is in doubt following the 10th Circuit Court of Appeals’ ruling in Bandimere v. SEC. In Bandimere, a three-judge panel held, by a 2-1 decision, that SEC...more

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