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According to the U.S. Office of Personnel Management, the federal government employs administrative law judges to oversee laws and regulations across various sectors, including banking, antitrust, immigration, and interstate commerce. These judges differ from Article III federal judges, who preside over federal courts and hold positions explicitly recognized by the Constitution.
In recent years, the Supreme Court has repeatedly ruled that federal agencies lack the broad regulatory authority they have long asserted, as noted in a Reuters report.
One such ruling found that the Securities and Exchange Commission’s use of in-house administrative law judges to adjudicate enforcement actions was unconstitutional.
Chad Mizelle, chief of staff for Attorney General Pam Bondi, shared a copy of the letter on X and told The New York Times that the administration is taking the necessary steps to challenge the “unelected and constitutionally unaccountable” administrative law judges.
“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,” he added.
Mizelle said that the administrative law judges have “exercised immense power for far too long.”
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