SG Urges High Court To Overturn Decision Finding ALJs Unconstitutional

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...