The Justice Department issued a letter on Thursday saying the agency concluded that many removal restrictions for administrative law judges are unconstitutional.
This from westernjournal.com.
The move comes as officials in the Trump administration express frustration with their executive actions being blocked by the judicial system.
The letter, written by acting U.S. Solicitor General Sarah Harris and sent to President Pro Tempore Chuck Grassley, a Republican from Iowa, said the Justice Department:
[H]as concluded the that multiple layers of removal restrictions for administrative law judges [ultimately violate the Constitution].
This means the administration “will no longer defend” the removal restrictions in court or in litigation.
Harris referenced a 2010 decision from the Supreme Court, which said that granting “multilayer protection from removal” to executive officers “is contrary to Article II’s vesting of the executive power in the President.”
The Department of Justice also believes a federal law restricting the dismissal of administrative law judges “only for good cause” similarly violates Article II.
That federal statute limits “the President’s ability to remove principal executive officers, who are in turn restricted in their ability to remove inferior executive officers.”
According to a webpage from the U.S. Office of Personnel Management:
The federal government employs administrative law judges to handle laws and regulations in domains ranging from banking and antitrust to immigration and interstate commerce.
They are distinct from Article III federal judges, who preside over federal courts and whose roles are acknowledged by the Constitution.
Harris wrote her letter to Grassley as President Trump and multibillionaire ally Elon Musk attempt to reduce the power of various federal agencies, especially as they cut costs through DOGE.
As noted in a report from Reuters:
The Supreme Court also ruled multiple times in the last several years that federal agencies lack the vast regulatory authority they have long claimed.
One such decision said that the Securities and Exchange Commission’s use of in-house administrative law judges to decide on enforcement actions was unconstitutional.
Chad Mizelle, the chief of staff for Attorney General Pam Bondi who posted a copy of the letter to X, said in a statement to The New York Times:
[T]he administration is properly confronting the unelected and constitutionally unaccountable administrative law judges.
He added:
In accordance with Supreme Court precedent, the department is restoring constitutional accountability so that executive branch officials answer to the president and to the people.
And concluded:
[T]he administrative law judges have exercised immense power for far too long.
