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.”


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