General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAn Exec Order..about Administrative Law Judges
EXECUTIVE ORDERS
Executive Order Excepting Administrative Law Judges from the Competitive Service
LAW & JUSTICE
Issued on: July 10, 2018
..."
illustrated by the Supreme Courts recent decision in Lucia v. Securities and Exchange Commission, No. 17-130 (June 21, 2018), ALJs are often called upon to discharge significant duties and exercise significant discretion in conducting proceedings under the laws of the United States. As part of their adjudications, ALJs interact with the public on issues of significance. Especially given the importance of the functions they discharge ‑‑ which may range from taking testimony and conducting trials to ruling on the admissibility of evidence and enforcing compliance with their orders ‑‑ ALJs must display appropriate temperament, legal acumen, impartiality, and sound judgment. They must also clearly communicate their decisions to the parties who appear before them, the agencies that oversee them, and the public that entrusts them with authority.
Previously, appointments to the position of ALJ have been made through competitive examination and competitive service selection procedures. The role of ALJs, however, has increased over time and ALJ decisions have, with increasing frequency, become the final word of the agencies they serve. Given this expanding responsibility for important agency adjudications, and as recognized by the Supreme Court in Lucia, at least some ‑‑ and perhaps all ‑‑ ALJs are Officers of the United States and thus subject to the Constitutions Appointments Clause, which governs who may appoint such officials.
...
Pursuant to my authority under section 3302(1) of title 5, United States Code, I find that conditions of good administration make necessary an exception to the competitive hiring rules and examinations for the position of ALJ. These conditions include the need to provide agency heads with additional flexibility to assess prospective appointees without the limitations imposed by competitive examination and competitive service selection procedures. Placing the position of ALJ in the excepted service will mitigate concerns about undue limitations on the selection of ALJs, reduce the likelihood of successful Appointments Clause challenges, and forestall litigation in which such concerns have been or might be raised. This action will also give agencies greater ability and discretion to assess critical qualities in ALJ candidates, such as work ethic, judgment, and ability to meet the particular needs of the agency. These are all qualities individuals should have before wielding the significant authority conferred on ALJs, and each agency should be able to assess them without proceeding through complicated and elaborate examination processes or rating procedures that do not necessarily reflect the agencys particular needs. This change will also promote confidence in, and the durability of, agency adjudications."
A lot more at the website.
A blunt power grab.
WH.gov
Leghorn21
(13,524 posts)Executive Order to end competitive selection process for
Administrative Law Judges, making them political appointees who can be fired at will.
Link to tweet
Link to EO:
https://www.whitehouse.gov/presidential-actions/executive-order-excepting-administrative-law-judges-competitive-service/
irisblue
(32,968 posts)Leghorn21
(13,524 posts)I am literally shaking at this news, OH
standingtall
(2,785 posts)Just imagine those going to a hearing for SSDI or SSI benefits before a judge that was appointed by a right wing government.
Pope George Ringo II
(1,896 posts)Even if your actual hearing wasn't with one of these crackpots, it could still be second-guessed and overturned by one of them.
Crutchez_CuiBono
(7,725 posts)is so cumbersome and ultimately...restrictive for the unqualified. ^THIS is why we don't even give them a day...rather than November.
Hortensis
(58,785 posts)Many on both left and right still have no real idea and/or are deep in denial. Thanks for posting this, Irisblue. I missed it.
Leghorn21
(13,524 posts)on twitter, what, 3 hours ago or so...may take a while to ripple outwards
I know so little about how THE LAW works, so I keep reading comment after comment trying to fathom if this is as horrific as I think it is...well, we shall see -
Mercy
standingtall
(2,785 posts)I hope I'm right about that, but still this is horrific ALJ as at will employees of the Government can be terminated if the Government does not like their rulings. Neutrality would be finished.
Sanity Claws
(21,846 posts)ALJ's are immigration judges, among others. My guess is that immigration judges are his immediate target but the EO will affect all areas.