Inside OSHA

May 27, 2024

SG Urges High Court To Overturn Decision Finding ALJs Unconstitutional

September 6, 2023 at 6:12 PM
The Biden administration is urging the Supreme Court to overturn an appeals court decision that held administrative law judges (AJLs) are unconstitutional and instead affirm long-time practices at OSHA and other agencies of relying on ALJs to adjudicate administrative enforcement proceedings that seek civil penalties. In her Aug. 28 opening brief in Securities & Exchange Commission (SEC) v. George Jarkesy, et al ., Solicitor General Elizabeth Prelogar asks the justices to determine that statutory provisions that empower the SEC to...

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