A recent Executive Order from President Donald Trump directed a change in the way Administrative Law Judges (ALJs) are appointed. Trump executed this EO after the Supreme Court ruled that a Securities and Exchange Commission ALJ’s ruling was not valid because the way ALJs are appointed violates the Appointments Clause of the Constitution. Trump’s EO directs agency and commission heads to now have the power to appoint new ALJs, but what about current ALJs?
Social Security’s Chief ALJ provided the answer in a memo to all of Social Security’s ALJs as reported by the blog Social Security News, which can be found here.
Judge Patrick Nagle, after consulting with the Department of Justice, said Nancy Berryhill, Social Security’s acting commissioner, approved all current ALJ appointments, so it appears that all current ALJs will be permitted to keep their jobs and rule in administrative cases, but moving forward there will be a new appointment process.
Even in Trump’s EO there was some cover for current ALJs to allow them to keep their posts. If that was not the case, it could’ve upended a system that employs more than 1,400 judges who adjudicate more than 700,000 cases per year according to the online legal website JUSTIA.
During a difficult time and much uncertainty about the position of an ALJ, Nagle’s message provided assurance to ALJs across the country.
“The Supreme Court once described our hearings operation as the largest adjudicatory system in the world. At the heart of our massive and complex operation is each of you, who serve as the face of this agency for thousands of people every day. Your dedication is a testament to public service and is critical to ensuring that our vital work for the American public continues uninterrupted. Thank you for your service and dedication,” Nagle wrote.
