Constitutional Law & Separation of Powers Committee of the ABA Administrative Law Section

Presents

Supervision by the Executive: Appointments Clause and Removal Constraints After Collins & Arthrex

Friday, July 30, 2021 from 3:00-4:15 pm ET

Participants:

• Melissa Feeney Wasserman, Charles Tilford McCormick Professor of Law, The University of Texas at Austin School of Law

• Aaron Nielson, Professor of Law, BYU J. Reuben Clark Law School

• John C. Harrison, James Madison Distinguished Professor of Law & Thomas F. Bergin Teaching Professor of Law, University of Virginia School of Law

• Moderator: Jenn Mascott, Assistant Professor of Law & Co-Executive Director of the C. Boyden Gray Center for the Study of the Administrative State, Antonin Scalia Law School at George Mason University

Program Description:

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.

COST: FREE!

Registration is Limited and will close when capacity is reached. Deadline for Registration is Friday July 30, 2021 at 12 pm ET. Zoom access and Zoom Registration is required for all participants. After registration, you will be sent a participation link. NO CLE Credit is available for this program

REGISTER: Register in advance for this webinar here.

Questions or Special Needs?? Please e-mail Anne.Kiefer@americanbar.org