This webinar will explore the scope of the holdings and constitutional implications of the Supreme Court's decisions in Collins v. Yellen and United States v. Arthrex at the close of the 2020-21 Term. Both decisions addressed the limitations of Article II of the Constitution in relation to the structure of administrative agencies and adjudication. In Arthrex, the Court held that the Appointments and Vesting Clauses require the Director of the U.S. Patent and Trademark Office to have supervisory authority over patent decisions issued by three-member panels of administrative patent judges. In Collins, the Court found constitutional deficiencies in the statutory tenure protections for the head of the Federal Housing Finance Agency, concluding that the single head of this executive branch agency must be subject to at-will removal by the President.
The Supreme Court decisions in Collins and Arthrex cited work by all of the webinar panelists and moderator, each of whom are longstanding scholars writing and teaching in the areas of constitutional law, separation of powers, federal courts, or administrative law. In addition, Professor Nielson argued as Court-appointed amicus in Collins.
The webinar will unpack the doctrinal developments in Collins and Arthrex within the fields of constitutional and administrative law. The webinar will also discuss potential implications for future appointments and removal clause litigation claims as well as the impact of the decisions on executive accountability and due process within the Executive Branch moving forward.