The PTAB and the Arthrex Decision: A Constitutional Question

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The Appointments Clause of the U.S. Constitution1 provides that “principal officers” of the United States must be appointed by the President upon the advice and consent of the Senate. “Inferior officers,” on the other hand, do not require Senate confirmation and the appointment power may be delegated to “the President alone ... the Courts of Law or ... the Heads of Departments,” 2 e.g., Cabinet Secretaries.

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