WASHINGTON — The U.S. Department of Justice (DOJ) has declared that it will no longer defend the constitutionality of current constraints on the removal of administrative law judges (ALJs). This decision, articulated in a letter by Acting Solicitor General Sarah Harris to Charles Grassley, President Pro Tempore of the Senate, is based on a Supreme Court ruling which the DOJ believes renders these restrictions unconstitutional.
The determination by the DOJ stems from the Supreme Court’s decision in Free Enterprise Fund v. PCAOB, which addressed the limitations on presidential power over the removal of executive officers. The ruling highlighted that any obstructions preventing the president from executing his authority to ensure that laws are faithfully executed are unconstitutional.
Chad Mizelle, the DOJ Chief of Staff, emphasized the need for accountability in the executive branch, stating that ALJs have held significant power without direct accountability to the President or the populace, a situation the department seeks to rectify in light of Supreme Court precedents.
ALJs serve as judicial authorities appointed by the heads of federal agencies to oversee legal disputes relevant to their respective agencies. Their removal is tightly regulated, allowed only under specific conditions determined by the Merit Systems Protection Board (MSPB) following a formal hearing. Moreover, board members themselves have job security through seven-year terms, removable by the president only under conditions such as inefficiency, neglect of duty, or malfeasance.
However, this directive has been met with criticism from within the judiciary. The Association of Administrative Law Judges (AALJ) has accused the DOJ of overstepping its authority, undermining the independence necessary for fair judicial proceedings. Judge Som Ramrup of the AALJ argued that these judicial figures should operate without political interference, contrasting the DOJ’s stance.
The DOJ’s bold move follows controversies involving the removal of federal officials by former President Donald Trump, which led to legal challenges. Notably, MSPB chair Cathy Harris and Hampton Dellinger, head of the Office of the Special Counsel, both filed lawsuits against Trump following their unexplained dismissals. These cases prompted a federal district court to block the president’s actions, a decision Trump has requested the Supreme Court to overturn.
These developments signal a potential shift in the dynamics between the executive branch and administrative judiciary, raising questions about the balance of power, the independence of the judiciary, and the constitutional limits of presidential authority.
Legal experts and political analysts are closely watching the unfolding situation, foreseeing significant implications for the structure and function of federal oversight.
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