In a significant legal development, Walmart Inc. recently triumphed over allegations from the Justice Department of violation of immigration laws. A federal district judge declared that the Department of Justice’s administrative law judge system is constitutionally flawed.
With a ruling released on Monday, District Judge J. Randal Hall asserted that the problems concerning the power of DOJ administrative law judges are not trivial. This multilayered shield from dismissal, he stated, contravenes Article II of the U.S. Constitution granting the President executive power inclusive of the appointment and removal of government officials.
“Administrative law judges assess fines, penalties, and even forfeitures against private parties on behalf of the government. They are doing so without supervision as required by the law,” Judge Hall remarked.
This case is but one in a series of cases challenging the constitutionality of Administrative Law Judges (ALJs). Leading up to these allegations, Walmart originally requested an ALJ hearing on the purported violations.
More information on this case can be found on Bloomberg Law.