The U.S. Justice Department has determined that multiple layers of removal restrictions shielding administrative law judges are unconstitutional and will no longer defend them in court

US declares administrative law judge removal rules unconstitutional

“…The Justice Department’s policy shift comes as Republican President Donald Trump and his ally, the billionaire Elon Musk, seek to reduce the power of several federal regulatory agencies.

It also comes after several decisions curbing the authority of U.S. agencies by the U.S. Supreme Court, whose conservative justices have indicated skepticism toward expansive regulatory power.

Last year, the Supreme Court rejected as unconstitutional the U.S. Securities and Exchange Commission’s use of in-house administrative law judges to decide enforcement actions protecting investors from securities fraud. Conservative and business groups have said the SEC has an unfair advantage litigating cases before its own judges…”

Doug Santo