Amicus Briefs

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Separation of Powers

February 17, 2021

To ensure accountability, powerful government officials must be appointed by the President and confirmed by the Senate.

United States v. Arthrex, Inc

Administrative Patent Judges (APJs) hear administrative trials concerning patent disputes and, in the process, exercise powers similar to those of federal judges. APJs may issue subpoenas to require testimony and documentation, rule on the parties' evidentiary arguments, and issue thousands of final decisions each year—decisions that bind the pr ...

February 16, 2021

Constitutional challenges must be heard by courts of law

Carr v. Saul & Davis v. Saul

The ALJ himself cannot resolve that question. Therefore, does a challenger still have to raise the issue to the ALJ in the first instance, or may a challenger wait until the matter goes to federal court? Courts have often held that, if someone does not raise an issue during an ALJ proceeding—even a constitutional issue ...

September 23, 2020

Courts should give relief to those hurt by illegal agency actions

Collins v. Yellen

After the mortgage crisis in the early 2000s, Congress created the Federal Housing Finance Agency (FHFA) to regulate federal home loans. The FHFA is headed by a single director, who serves for a period of five years and cannot be removed by the President except for cause. Exercising its vast powers, the FHFA adopted a regulation that prevented the ...

December 09, 2019

Constitutional Violations Require Meaningful Remedies

Aurelius Investment, LLC. v. Puerto Rico

This case asks whether Congress had the authority to create a board to bring bankruptcy-like proceedings on behalf of the Commonwealth of Puerto Rico. The board's membership is appointed without Senate confirmation even though the board exercises extremely broad authority. The First Circuit found that these appointments violated the Constitution's ...

December 09, 2019

Regulatory Agencies Must be Accountable to the President

Seila Law, LLC v. Consumer Financial Protection Bureau

Can Congress restrict the President's power to remove high-level officials in the Executive Branch? If so, as some lower courts have held, then the President cannot discharge his constitutional obligation to ensure that the "Laws are faithfully executed." To meet this obligation, the President must have sufficient control over his administration— ...