DOJ Declares Removal Protections for Administrative Judges Unconstitutional, Citing Supreme Court Precedent
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. … Read more