Are Administrative Law Judges Constitutional?
Today, I’m changing the legal discussion because yesterday I saw an article discussing the case granted Certiorari by the Supreme Court of the US (SCOTUS) challenging the constitutionality of appointments of judges to the US Patent Trial and Appeal Board (PTAB).
If, big if, the judge appointments to the PTAB are found unconstitutional, what does that mean for all other administrative law judges? There are immigration, Social Security Administration, Veterans Administration, and many more administrative law judges, are they unconstitutional too? Who will adjudicate all of these highly specialized legal cases?
Here is more on the case: https://www.scotusblog.com/case-files/cases/arthrex-inc-v-smith-nephew-inc-2/