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The overwhelming majority of ALJs are in the Social Security Administration dealing with claim disputes. I don’t think anyone has a problem with that, and we c
by granzymes 3y ago
The overwhelming majority of ALJs are in the Social Security Administration dealing with claim disputes. I don’t think anyone has a problem with that, and we can leave them alone.
The NLRB, SEC, FTC. These cases belong in a real Article III court. Once we solve this issue, people can’t raise it in bad faith anymore to weasel out of consequences. Every litigant wants to win, and I agree that they are raising these issues to attack proceedings that they might lose on the merits.
I believe it was Justice Kagan who said last term that there are a finite number of Constitutional issues with agency structure. Let’s just fix them all now.
- avs733 3y ago>I don’t think anyone has a problem with that, and we can leave them alone. The NLRB, SEC, FTC. These cases belong in a real Article III court. So in other words, its a judgement question which should be left up to the legislature? What is the constitutional basis for that differentiation? The only difference I can see is a comfort subjecting individuals to this process and a discomfort subjecting corporations to it.
- granzymes 3y agoThe difference is that the Social Security Administration is administering a public benefit which has no analogy to a suit at common law. But we need Congress to fix this regardless. The Supreme Court can break it but can’t fix it.