Pam Bondi’s DOJ Strips Administrative Judges of Legal Shield, Tees Trump Up to Plow Through Them
The Justice Department issued a letter on Thursday saying the agency concluded that many removal restrictions for administrative law judges are unconstitutional.
The move comes as officials in the administration of President Donald Trump express frustration with their executive actions being blocked by the judicial system.
The letter, written by acting U.S. Solicitor General Sarah Harris and sent to President Pro Tempore Chuck Grassley, a Republican from Iowa, said that the Justice Department “has concluded that the multiple layers of removal restrictions for administrative law judges” ultimately violate the Constitution.
That means the administration “will no longer defend” the removal restrictions in court or in litigation.
Today, the Department of Justice determined that multiple layers of removal restrictions shielding administrative law judges (ALJs) are unconstitutional. pic.twitter.com/lcfPskwkQq
— Chad Mizelle (@ChadMizelle47) February 21, 2025
Harris referenced a 2010 decision from the Supreme Court, which said that granting “multilayer protection from removal” to executive officers “is contrary to Article II’s vesting of the executive power in the President.”
The Department of Justice also believes a federal law restricting the dismissal of administrative law judges “only for good cause” similarly violates Article II.