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ARTICLE · 10 MARCH 2025

DOJ Position On Administrative Law Judges

Late last month, the Department of Justice filed a short statement regarding administrative law judges (ALJs). The statement, issued by the Department's Chief of Staff Chad Mizelle, states in its entirety:

United StatesGovernment, Public Sector

Late last month, the Department of Justice filed a short statement regarding administrative law judges (ALJs). The statement, issued by the Department's Chief of Staff Chad Mizelle, states in its entirety:

Today the Department of Justice determined that multiple layers of removal restrictions shielding administrative law judges (ALJs) are unconstitutional.

Unelected and constitutionally unaccountable ALJs have exercised immense power for far too long. In accordance with Supreme Court precedent, the Department is restoring constitutional accountability so that Executive Branch officials answer to the President and to the people.

This statement followed a February 20, 2025 letter from Acting Solicitor General Sarah Harris to President Pro Tempore of the Senate Charles Grassley stating the same and noting that "the Department will no longer defend" the layers of removal restrictions for ALJs in court. The letter stated that the Department had already

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