Tag Archives: ALJs

A Shared Power to Appoint ALJs?

by Emily Bremer — Wednesday, Apr. 4, 2018@emilysbremer

A key question on every adlaw geek’s mind is how the Supreme Court’s decision in Lucia might affect the process for appointing Administrative Law Judges (ALJs).  What if the Supreme Court holds that ALJs are inferior officers who must be appointed in compliance with Article II’s Appointments Clause?  What implications, if any, would this have for […]

The SEC’s Subdelegated Appointments Power

by Jennifer Nou — Friday, Dec. 1, 2017@Jennifer_Nou

Yesterday, the Securities and Exchange Commission (SEC) hedged its bets: it issued an order ratifying the prior appointments of its administrative law judges (ALJs). The order also called for fresh proceedings in pending actions before these newly-blessed ALJs. The SEC did all of this to “put to rest” the argument — now pursued by the […]

D.C. Circuit’s Double-Header on Article II

by Jennifer Mascott — Friday, May 26, 2017@jennmascott

This week the D.C. Circuit sitting en banc heard arguments in its blockbuster (by Washington standards) double-header featuring the appointments and removal implications of Article II. In a nutshell, the cases address whether Article II’s transparency and accountability requirements mean (i) a single head of an executive branch agency must be removable at will (PHH […]

Resolve the “ALJ Quandary”: Let the D.C. Circuit Appoint and Remove ALJs, by Kent Barnett

by Guest Blogger — Monday, Jan. 2, 2017

As Aaron Nielson discussed last week, the Tenth Circuit held that the SEC’s ALJs were “inferior officers” and, as such, were not appointed correctly under the Constitution’s Appointments Clause. The SEC Commissioners improperly delegated the appointment to other SEC officials. The Commissioners, as “Heads of Departments,” can easily cure the defect by appointing the ALJs […]

This entry was tagged .

Barnett on the Problems with Administrative Judges (AdLaw Bridge Series)

by Christopher J. Walker — Sunday, Apr. 24, 2016@chris_j_walker

Especially in light of my interest in immigration adjudication—where immigration judges are administrative judges and not administrative law judges—I was particularly excited to read an earlier draft of Kent Barnett’s Against Administrative Judges, which is forthcoming in the UC Davis Law Review. You can download a draft of the paper here, and here’s the abstract: […]