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Trump DOJ Declares Multi-Layered Protections for Administrative Law Judges Unconstitutional, Dismantling Longstanding Shield for Unelected Bureaucrats

The Department of Justice under President Trump has determined that the multiple layers of removal restrictions shielding administrative law judges (ALJs) are unconstitutional.

The DOJ has concluded that current laws make it too difficult for the government to remove ALJs from their positions. These laws require multiple steps and layers of approval before an ALJ can be fired, which limits the President’s power.

ALJs in the United States are supposed to be “impartial officials” who preside over administrative hearings within federal agencies. They operate within the executive branch, not the judicial branch.

A letter from Acting Solicitor General Sarah Harris to Senator Chuck Grassley (R-IA) outlined the DOJ’s stance, explaining that restrictions preventing the removal of ALJs under 5 U.S.C. 1202(d) and 7521(a) are unconstitutional under Article II of the U.S. Constitution.

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