The Department of Justice (DOJ) has announced a decision that critiques the existing framework governing the removal of administrative law judges (ALJs). As noted in a statement by Chief of Staff Chad Mizelle, the DOJ has determined that the “multiple layers” of removal restrictions that protect ALJs infringe upon constitutional principles. This announcement is part…
The U.S. Department of Justice announced a significant shift in its stance regarding administrative law judges (ALJs) by withdrawing its support for long-standing job protections. The DOJ cited constitutional concerns, stating that the “multiple layers of removal restrictions” that shield ALJs are in violation of the separation of powers doctrine. This development could have broad…
The Association of Administrative Law Judges has initiated legal action to prevent the Department of Government Efficiency (DOGE) from accessing personal and employment records. Alongside other government worker unions, they argue that this access, facilitated via the Office of Personnel Management, infringes on the Privacy Act and poses substantial risks to the safety of federal…
In a legal maneuver with implications for the future balance of political power and administrative oversight, the US Inspectors General (IGs) filed a lawsuit against former President Donald Trump and his administration. The legal action seeks reinstatement to the positions from which they claim they were unlawfully terminated, along with an injunction to prevent interference…
The return of Paul Atkins as the anticipated chairman of the U.S. Securities and Exchange Commission (SEC) has the potential to further diminish the role of Administrative Law Judges (ALJs) within the agency. This shift comes in the wake of the U.S. Supreme Court’s ruling in SEC v. Jarkesy, which requires the SEC to seek…
If former President Donald Trump persists in disregarding court orders, a group of Democratic attorneys general, led by Delaware Attorney General Kathy Jennings, are prepared to take action to hold him in contempt of court. This development comes as Trump faces mounting legal challenges that test the limits of judicial authority over a former head…
The Massachusetts Supreme Judicial Court is currently deliberating on whether Kenneth Bresler, a former staff attorney, can continue with his claims against high-ranking officials from the state appellate court accused of conducting a bullying campaign against him prior to his termination. Bresler, who has since transitioned to an administrative magistrate role with the state’s Division…
Husch Blackwell announced its expansion within the financial services and capital markets industry team with the addition of three new partners, as reported by Bloomberg Law. Tasha Cycholl, Andrew McNichol, and Lauren Ybarra bring significant expertise in insurance regulation alongside corporate and administrative law, fortifying the firm’s capabilities in advising insurers, business entities, and other…
In a significant legal battle unfolding within the U.S. labor relations realm, former National Labor Relations Board (NLRB) chair Gwynne Wilcox has filed a lawsuit against the Trump administration, alleging her recent dismissal was unlawful. Wilcox was ousted last week, prompting her to claim that President Donald Trump violated the National Labor Relations Act (NLRA),…
The U.S. Patent and Trademark Office (USPTO) has issued a directive, in line with President Donald Trump’s return-to-office order, that mandates approximately 230 administrative law judges involved in patent disputes and appeals to begin working from an office setting. This move has sparked concerns among former board judges, who argue that it poses a risk…
Every weekday, SCOTUSblog curates a selection of news articles and commentaries pertaining to the Supreme Court. In the Tuesday edition dated February 4, 2025, significant attention is drawn to matters involving the role of race and constitutional interpretation under the administration of former President Donald Trump. This ongoing discussion explores how Trump’s policies have potentially…
The recent termination of Democratic National Labor Relations Board (NLRB) member Gwynne Wilcox by President Donald Trump has set up a critical test for the independence of U.S. administrative agencies. This dismissal, which occurred on January 27, is scrutinized as it challenges the established legal frameworks protecting independent agency leaders. As noted by Bloomberg Law,…
In the early days of President Donald Trump’s new term, a reshuffling of top legal positions within the Justice Department has already begun. James McHenry, an experienced Justice Department official specializing in immigration, has been appointed as the acting attorney general. This announcement comes as part of a broader strategy to temporarily place key political…
A federal US appeals court recently ruled that the Deferred Action for Childhood Arrivals (DACA) program violates US immigration law, stirring questions about its future under the incoming Trump administration. The US Court of Appeals for the Fifth Circuit upheld a previous district court decision blocking DACA, citing its creation as unlawful. The court asserted…
In light of a series of pivotal Supreme Court rulings, there is a growing call for the federal government to reassess how agencies interpret their statutory authority. Donald Kochan, a law professor at George Mason University, argues that President-elect Donald Trump should direct federal agencies to conduct comprehensive audits to ensure that their actions align…
The legal landscape is witnessing several significant developments this week, as detailed in today’s Morning Docket from Above the Law. In a notable decision, the U.S. Supreme Court has rejected former President Trump’s extraordinary claim of “president-elect immunity” in New York state law sentencing. The dissenting opinions of Justices Alito, Thomas, Gorsuch, and Kavanaugh highlight…
The U.S. Supreme Court is poised to engage with significant cases this spring, focusing on key First Amendment questions and pivotal administrative law disputes. This upcoming session could potentially reshape how federal agencies develop and justify their regulatory frameworks. Several of these high-profile cases originate from the Fifth Circuit, underscoring ongoing legal tensions within this…
The legal landscape in 2025 is shaping up to be rather tumultuous for appellate attorneys, who are advised to brace for a series of high-profile appeals and complex regulatory challenges. As the United States transitions to a new presidential administration, there is anticipation surrounding changes in the framework for legal challenges against regulations. Legal professionals…
The recent ruling from the U.S. District Court for the District of Columbia has sparked important discussions within legal circles. The court, led by Judge Trevor McFadden, determined that the National Labor Relations Board (NLRB) administrative law judges (ALJs) are not constitutionally protected from being dismissed by the President of the United States. This decision…
As President-elect Donald Trump prepares to take office, his well-documented inclination towards terminating officials places independent federal agencies at the center of a legal debate that could prompt significant changes in the landscape of administrative law. Trump’s approach, which may include dismissing leadership within independent agencies, diverges from traditional practices and could potentially lead to…
The U.S. Supreme Court recently engaged in oral arguments on a pivotal case involving the Food and Drug Administration’s (FDA) refusal to approve flavored e-cigarettes, a decision the agency justified on grounds of public health. This legal dispute foregrounds two companies, Triton Distribution and Vapetesia, whose applications to market flavored e-cigarette liquids were denied by…
The US Supreme Court appears unlikely to utilize two newly granted cases involving a substantial multi-billion-dollar fund to revitalize the non-delegation doctrine as a tool to rein in federal agencies, according to Bloomberg Law. The court’s acceptance of these cases, which question the integrity of the $8 billion Universal Service Fund aimed at broadening phone…
In-house counsel have found themselves at the forefront of organizational strategy following the ruling in Loper Bright Enterprises v. Raimondo. The U.S. Supreme Court decision marks a pivotal moment in regulatory jurisprudence, departing from the precedent set by Chevron USA Inc. v. Natural Resources Defense Council, Inc., a case that has long served as a…
Elon Musk and Vivek Ramaswamy have recently outlined a proposal to implement radical deregulation, as they support President-elect Donald Trump in his bid to retract a substantial number of regulations through executive action. Their ambition, revealed in a Wall Street Journal op-ed, envisions an accelerated dismantling of existing regulations. However, specifics about the implementation strategy…
At a recent Federalist Society convention held at the Washington Hilton, two federal judges offered a champagne toast to recent Supreme Court decisions that have significantly reduced the powers held by federal agencies. DC Circuit Judge Neomi Rao and Florida federal judge Kathryn Mizelle were among those celebrating these judicial developments, which emphasize judicial authority…