DOJ Won't Defend ALJ Removal Protections

The DOJ will no longer defend removal protections for administrative law judges, said Chad Mizelle, its chief of staff, in a release Thursday. The FCC has one administrative law judge, Jane Halprin. “Unelected and constitutionally unaccountable ALJs have exercised immense power for far too long,” Mizelle said. “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.” The FCC has said in court filings (see 2304140058) that if its ALJ were declared unconstitutional, its ability to hold hearings wouldn’t be affected because FCC rules allow commissioners to preside over them. Standard General raised arguments that the FCC ALJ is unconstitutional during the hearing proceeding over its blocked purchase of Tegna in 2023.