Trump Signs Executive Order to end competitive selection process for Administrative Law Judges

[CousinIT]

Link to tweet

This EO means Trump can fire judges at will, with no recourse, if he doesn’t agree with their decisions.

He’s consolidating power & decimating checks and balances by overtaking the judicial branch.

His #SCOTUSPick & his continuing to stack the courts IS a #ConstitutionalCrisis

Link to tweet

BREAKING: @realDonaldTrump @WhiteHouse releases Executive Order to end competitive selection process for Administrative Law Judges, making them political appointees who can be fired at will.

<------ REFERENCE Hitler did the same thing.

Link to tweet

Hitler controlled all the judges. Holocaust Memorial Museum has a lot of documents and images about this terrible time.

[Eko]

1. Maybe this is why?

"The United States Supreme Court has recognized that the role of a federal administrative law judge is "functionally comparable" to that of an Article III judge. An ALJ's powers are often, if not generally, comparable to those of a trial judge: The ALJ may issue subpoenas, rule on proffers of evidence, regulate the course of the hearing, and make or recommend decisions. " https://en.wikipedia.org/wiki/Administrative_law_judge

[MousePlayingDaffodil]

2. This is why.

http://www.scotusblog.com/case-files/cases/lucia-v-securities-exchange-commission/

[procon]

3. Trump keeps losing in court, now he's just eliminated that little problem. nt

[madamesilverspurs]

4. Remember when

Republicans were frothing apoplectic over any Obama EO?

Now their guy is marching headlong into fascism and they're conspicuously unconcerned.


.

[colsohlibgal]

5. Seig Heil Indeed

Sinclair Lewis penned a cautionary novel named “It Can’t Happen Here” detailing it happening here. We are sliding there faster and faster.

Scary enough here but it’s not just us it’s brewing overseas again.

There are more of us than them but we play fair and they do not. Time for we liberals to take the gloves off, time to fight hard for everything down to school boards.

[donkeypoofed]

6. OMG

Oh boy.

[Jim Lane]

7. ALJ's are not Article III judges

Under Article III of the Constitution, federal judges (District Courts, Circuit Courts of Appeals, Supreme Court, and certain specialized courts) are nominated by the President, confirmed by the Senate, and serve for life, unless impeached by Congress for misconduct.

None of that has changed.

Administrative Law Judges work within agencies as part of each agency's mission. They have never been subject to Senate confirmation. Their decisions are generally subject to appeal to a federal court, where the case will be heard by an Article III judge -- whom Trump still has no power to remove from office.

This Executive Order does not mean that Trump thinks he can fire a federal judge who orders Paul Manafort jailed before trial or who rejects Michael Cohen's claims of attorney-client privilege for some seized documents or who, down the road, imposes a sentence on someone like that after a conviction on a criminal charge.

[CousinIT]

8. I think you're correct. Just got this from Social Security Works

They're an org dedicated to protecting and expanding Social Security: https://www.socialsecurityworks.org/

We are fighting for our Social Security system every day—and Donald Trump isn’t resting in his effort to undermine it.

This week, Trump signed an executive order which is designed to strip independence from the Administrative Law Judges (ALJs) who review disability claims. This action comes after a lengthy misinformation campaign targeting Social Security’s disability program, including making the outrageous claim that it is not a “core” part of Social Security.

The truth is, we have one Social Security system, and we need to protect it from political interference. This order will only ratchet up pressure to deny disability claims. By putting a Trump appointee over the shoulder of every decision, they seek to deny the due process to which every Social Security claimant is entitled.

Call on Congress to protect Social Security from political interference!

There is already a million-person backlog of claims for Social Security disability insurance. While Senator Bernie Sanders’ new SSA Fairness Act would fully fund the Social Security Administration to clear that backlog fairly and efficiently, Trump’s answer seems to be to hire judges who share his political agenda and will deny all of the claims.

Workers earn their disability benefits with every paycheck. Republicans are taking yet another step to deny some of the most vulnerable people in the country the benefits they've earned. ALJs are hardworking civil servants who are doing their best. Letting the Trump administration threaten their livelihood when they act with integrity is something we must all protest.

An attack on one part of our Social Security system is an attack on all of it. Add your name to fight back!

Thank you,

Michael Phelan
Social Security Works