Petition of the day
The petition of the day is:
Issue: (1) Whether the court failed to cure the violation of the Appointments Clause because, despite the judicial revision of 17 U.S.C. § 802(i) to permit the Librarian of Congress to fire Copyright Royalty Judges without cause, Copyright Royalty Judges are principal officers because they retain the power to render a final decision on behalf of the United States; and (2) whether, even if the court’s remedy demoted the judges, it failed to cure the constitutional violation because the Librarian of Congress is not the Head of an Executive Branch Department and thus may not appoint officers of the United States; and (3) whether, even if the remedy chosen by the court cured the constitutional defect, the court nevertheless should have let Congress select the appropriate remedy.
Recommended Citation: Mary Pat Dwyer, Petition of the day, SCOTUSblog (May. 16, 2013, 9:31 PM), http://www.scotusblog.com/2013/05/petition-of-the-day-454/