In a way, it was hiding in plain sight.

Twice in the last 10 years, the U.S. Supreme Court has invalidated the appointment of administrative law judges, first to the Public Company Accounting Oversight Board in 2010, and then to the Securities and Exchange Commission in 2018. While at the D.C. Circuit, Judge Brett Kavanaugh spotted the same problem with the librarian of Congress’ copyright royalty judges in 2009.

Judge Kimberly Ann Moore of the United States Court of Appeals for the Federal Circuit. ..

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