TBA Law Blog


Posted by: Stacey Shrader Joslin on Sep 11, 2023

The American Bar Association (ABA) filed an amicus brief last week with the U.S. Supreme Court, urging the court to uphold protections granted by Congress to administrative law judges (ALJs). In its next term, the court has agreed to hear a case challenging whether Congress violated Article II of the U.S. Constitution by limiting removal of ALJs. In May 2022, a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit held that for-cause removal protections violate the constitution’s requirement that the president ensure the laws be faithfully executed. The ABA argues that ALJs need “decisional independence … to maintain public confidence in their decisions.” Read more about the case from the ABA.