Trump Administration Seeks to Remove Protections for Administrative Law Judges

The Trump administration has asserted that President Trump possesses the constitutional authority to dismiss administrative law judges (ALJs) at will, countering existing laws that protect these officials from removal without cause. This stance was communicated in a letter from Acting Solicitor General Sarah Harris to Congress, indicating that the Department of Justice (DOJ) will no longer defend the constitutional validity of removal restrictions for ALJs. These judges, who preside over hearings in various federal agencies, currently can only be removed for good cause as determined by the Merit Systems Protection Board (MSPB). The DOJ's position aligns with a 2010 Supreme Court decision that struck down similar protections for executive officers, suggesting a broader challenge to civil service protections. Critics argue this move undermines the independence of federal agencies and the legislative authority designed to shield these officials from political influence. The administration's actions reflect its commitment to the unitary executive theory, which advocates for increased presidential control over the executive branch.