In U.S. v. Arthrex, Inc, SCOTUS vacated and remanded the Fed. Cir.’s remedy of invalidation of APJ’s tenure protection as an in sufficient level of political accountability to satisfy the Appointments Clause of the Constitution.  Writing for a divided Court, CJ Roberts wrote that the APJs exercise of power were too insulated from executive review and conflicted with the Appointments Clause.  The limited remand provides an adequate opportunity for review by a principal officer.