US declares administrative law judge removal rules unconstitutional

Source: Reuters

February 21, 2025 12:30 PM EST Updated an hour ago


WASHINGTON, Feb 20 (Reuters) - 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, top officials said on Thursday. Chad Mizelle, the department's chief of staff, called the administrative law judges, who preside over administrative disputes in the federal government, "unelected and constitutionally unaccountable."

In a letter to U.S. Senator Charles Grassley that Mizelle posted on X, Acting Solicitor General Sarah Harris wrote that the Justice Department would no longer defend removal restrictions for administrative law judges against challenges in courts. 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. Administrative judges operate separately from judges who preside over federal courts, who are known as Article III judges for the section of the U.S. Constitution that established the judiciary.

Administrative judges adjudicate matters within agencies that come under the executive branch, which include the Social Security Administration, the U.S. Department of Labor and the Drug Enforcement Administration. A spokesperson for the Association of Administrative Law Judges, a union that represents 910 administrative law judges who adjudicate cases at the Social Security Administration, said the group was waiting for more information.

Read more: https://www.reuters.com/legal/us-declares-administrative-law-judge-removal-rules-unconstitutional-2025-02-21/