FedSoc Forums

Courthouse Steps Decision Webinar: United States v. Arthrex


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On June 21, 2021, the US Supreme Court decided United States v. Arthrex, Inc. Writing for the 5-4 majority, Chief Justice Roberts explained that the patent judge's unreviewable authority is incompatible with his appointment as an inferior officer.
Justices Alito, Gorsuch, Kavanaugh, and Barrett joined Parts I and II of the opinion, and Justices Alito, Kavanaugh, and Barrett joined Part III of the opinion. Justice Gorsuch filed an opinion concurring in part and dissenting in part. Justice Breyer filed an opinion concurring in the judgment in part and dissenting in part, in which Justices Sotomayor and Kagan joined. Justice Thomas filed a dissenting opinion, in which Justices Breyer, Sotomayor, and Kagan joined as to Parts I and II.
Featuring:

Prof. Gregory Dolin, Associate Professor of Law and Co-Director, Center for Medicine and Law, University of Baltimore School of Law
Prof. Dmitry Karshtedt, Associate Professor of Law, The George Washington Law School
Moderator: Prof. Kristen Osenga, Austin E. Owen Research Scholar & Professor of Law, The University of Richmond School of Law

* * * * *
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
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