The US Department of Justice senior officials stated on Thursday (February 20) that the Department has determined that multiple provisions aimed at protecting administrative judges from being dismissed are unconstitutional, therefore the Department will no longer defend these provisions in court.
Chad Mizelle, the chief of staff at the Department of Justice, said that the administrative judges overseeing internal federal government disputes are “non-elected and not accountable under the Constitution”.
Mizelle posted on X a letter from Acting Deputy Attorney General Sarah Harris to Senator Charles Grassley, stating that the Department will no longer defend the restrictions on the dismissal of administrative judges if challenged in court.
As the Department of Justice announces this policy change, President Donald Trump and his advisor Elon Musk are tirelessly streamlining federal agency functions, cutting redundant staff, and saving federal expenses.
In response to this, the US Supreme Court has made several decisions limiting the power of federal agencies, with conservative justices on the Supreme Court expressing skepticism towards expanding regulatory powers.
Last year, the Supreme Court ruled against the Securities and Exchange Commission (SEC) for using internal administrative judges to make rulings to protect investors from securities fraud, citing violation of the Constitution. Conservatives and business groups argued that the SEC filing lawsuits before its own judges gives them an unfair advantage.
Administrative judges operate separately from judges overseeing federal courts, often referred to as “Article III judges”. This law stipulates that administrative judges rule on matters within agencies under the executive branch, including the Social Security Administration, the Department of Labor, and the Drug Enforcement Administration.
A spokesperson for the Association of Administrative Law Judges stated that the organization is awaiting more information. The union represents 910 administrative judges adjudicating cases at the Social Security Administration.
Last week, the union requested a judge to block Musk and his government efficiency department (DOGE) from accessing its members’ personal and employment records. The union argued that disclosing employees’ personal information would pose a security risk.
Attorneys representing Musk and DOGE submitted court documents on Wednesday stating that DOGE and other defendants have not disclosed any sensitive personal records.
(Reference: Reuters)