I noticed this evening that the Supreme Court appointed an amicus to argue on behalf of the S.E.C. ALJ’s in the Lucia v. SEC case a few years ago. The main reason was that the government changed position during the appeal — so there was nobody left to present the position of the ALJ’s.
It strikes me as odd that people who have a lot to lose in the Arthrex case — the PTAB judges — have nobody arguing directly on their behalf. They are facing loss of certain employment protections, yet no amicus has been appointed for them by the Court — nor was an amicus appointed for them at the Federal Circuit.