High Court SEC Case May Bear on DOJ’s Immigration Probes

Director William H. Milliken was featured in the article “High Court SEC Case May Bear On DOJ’s Immigration Probes,” published by Law360. The following is an excerpt from the article:

“In an interview with Law360, William Milliken of Sterne Kessler Goldstein & Fox PLLC remarked on the court declining to find a creative way to sever the unconstitutional part of the statute, pointing to the Supreme Court’s 2021 decision in United States v. Arthrex Inc . In Arthrex, the justices devised their own fix for a violation of the appointments clause after determining that Patent Trial and Appeal Board administrative law judges wielded unreviewable authority.

‘The Arthrex court didn’t really have a clean route to severability, either. They…in my view, maybe took some liberties with the statute in order to get to a result that was less disruptive than just holding the whole PTAB scheme unconstitutional,’ Milliken said.”