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By naming the unitary executive theory, judges are “expressly criticizing the administration by putting what is in front of them in this broader context,” said Carolyn Shapiro, a Chicago-Kent College of Law professor. The next step, she added, could be judges ordering high-ranking immigration officials to appear in federal court if the Justice Department continues to show an inability to get them to obey orders.

“Art people have something unique and valuable to bring to this field,” said Sarah Fackrell, co-director of Chicago-Kent College of Law’s intellectual property program. “The creation of the design patent bar is incredibly, symbolically important in recognizing that.”

“The ultimate result is to create something infringing by saying, ‘Hey, here you go, go grab that infringing stuff and use that in our system,’” said Cathay Y. N. Smith, a law professor and co-director of Chicago-Kent College of Law’s Program in Intellectual Property Law. Microsoft “could potentially have some sort of secondary contributory liability for copyright infringement, downloading it, as well as then using it to encourage others to use it for training purposes.”