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The Supreme Court Provides a Different Fix to Make APJs Inferior Officers

IP Tech Blog

principal officers must be appointed by the President with the advice and consent of the Senate. Inferior officers may be appointed by the President or by a department head, without Senate approval. With respect to the statute itself, the Supreme Court identified 35 U. II, § 2, Cl.

Patent 87
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Government Jawboning Doesn’t Turn Internet Services into State Actors–Doe v. Google

Technology & Marketing Law Blog

It’s not a close call. This argument is foreclosed by Prager U. Senate, and a DOJ antitrust suit against Google—allegedly linked to whether Defendants appropriately moderated certain types of content. It’s all fun-and-games until an immunity gets broken. The court previously denied a TRO. Compulsion.