Thread by @nycsouthpaw

First case today is Goldman Sachs vs Arkansas Teacher Retirement System, a securities fraud class action case. Justice Barrett has the opinion, finding in favor of Goldman. supremecourt.gov/opinions/20pdf…

Second case is the NCAA, affirming the opinion below! Gorsuch has the opinion for a unanimous court. supremecourt.gov/opinions/20pdf…

Here’s Gorsuch’s description of what that Solomonic lower court decision did—which is now the law nationwide.

Third and last is the Arthrex patent case--concluding that APJs can't wield unreviewable authority and be inferior officers under the Appointments Clause. A complicated, fractured decision. Chief Justice Roberts has the opinion. supremecourt.gov/opinions/20pdf…

This one is pretty confusing. Roberts opinion in parts I and II is the opinion of the court, but he doesn't get to severability and remedy until Part III, which does not have the force of law--having lost Gorsuch's vote on that point.

So we're left with Parts I and II, which say the PTAB somehow violates the constitution. Roberts expressly declines to tell us whether it's because APJs are principal officers improperly appointed or inferior officers exceeding their powers. It amounts to the same thing, he says.

Okay, here's the answer. You actually have to read into Breyer's concurrence--described as concurring the judgment in the syllabus--to find that he and the other liberals joined the remedial holding in Part III.