Monday, April 23, 2018 4:34:36 PM
Wall Street Journal op-ed attacks unappointed, administrative, 'judges'. Monday's Wall Street Journal has an op-ed piece attacking the administrative judges at the SEC - "Unappointed 'judges' shouldn't be trying cases - the SEC's tribunals run afoul of the Constitution - the Supreme Court has a chance to remedy that". And let's be clear, these criticisms much apply to the appointed, administrative 'judges' of the PTAB, an issue which is also before the Supreme Court. With the SEC, the issue is if their 'judges' are "principal officers" who need Senate confirmation, if they are "inferior judges" who can be appointed by Cabinet secretaries, or if they are "mere employees" who can be hired by any agency manager. For example, one SEC 'judge' is criticized with a complaint heard about PTAB 'judges' - "ALJ Cameron Elliot sided with the SEC's Enforcement Division in every one of his first 50 cases." the USPTO issue is more profound - if patents, once DULY DULY DULY DULY (a meaningless word re patent validity) patents issue, if they are private rights, they can only be invalidated by a federal judge. WSJ article at: www.wsj.com/articles/unappointed-judges-shouldnt-be-trying-cases-1524421127.
Recent IDCC News
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