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Justice Department declares ALJ removal restrictions unconstitutional

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Saturday, February 22, 2025

Justice Department declares ALJ removal restrictions unconstitutional

Attorneys & Judges
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Merrick B. Garland, Attorney General | https://www.justice.gov/

The Department of Justice has announced a significant decision regarding the constitutionality of removal restrictions on administrative law judges (ALJs). According to a statement from Justice Department Chief of Staff Chad Mizelle, these restrictions have been deemed unconstitutional.

Mizelle stated, "Today the Department of Justice determined that multiple layers of removal restrictions shielding administrative law judges (ALJs) are unconstitutional." He further emphasized the need for accountability within the Executive Branch, noting that ALJs have wielded considerable power without being elected or directly accountable under the Constitution.

"In accordance with Supreme Court precedent," Mizelle continued, "the Department is restoring constitutional accountability so that Executive Branch officials answer to the President and to the people."

This decision aligns with efforts to ensure that those in positions of authority within government agencies remain answerable to elected officials and ultimately, the public.

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