The political branches should not be allowed to devise a mechanism that allows them to escape political accountability. This Court should grant the petition [for certiorari] and reverse.
Courts construe laws. But they cannot make law. A law, particularly a criminal law, must be capable of being understood by ordinary people... Accordingly, this petition presents an opportunity to do what the Court should have done in Skilling: acknowledge that repairing a statute is beyond the scope of the judicial power and send the honest services law back to Congress.
If a non-delegation limit exists, the International Emergency Economic Powers Act crosses it by transferring to the President a near-total legislative power—decisions about the “important subjects”—explicitly vested in Congress by the People. The Court should say so.
The Court should return to first principles, hold that the President has authority to remove principal executive officers at will, so that, consistent with the Constitution, the President has an effective check against Congress’s broad delegations of power to Executive Branch agencies.
"[T]he Seventh Amendment is a constitutional protection against arbitrary government power. And critically, it is a limit on the permissible structure of an adjudicatory body—if the Seventh Amendment jury trial right applies to a claim, it must be tried in an Article III court."
“Arthrex requires that the official making these decisions be appointed as a principal officer. Since they are not, the Task Force members are unconstitutionally appointed.”
“The Sixth Circuit assumed both (1) that Nancy Berryhill had already been validly appointed as an officer of the United States at the time she purportedly became acting commissioner of Social Security; and (2) that an inferior officer of the United States can be directed to serve as an acting officer in another position without a new, constitutionally compliant appointment as an officer.”