News & Analysis as of

Constitutional Challenges Administrative Law Judge (ALJ) Executive Orders

Carlton Fields

DOJ Withdraws Defense of SEC ALJs' Constitutionality as Trump Issues Executive Order on Agency Accountability

Carlton Fields on

On February 18, 2025, President Trump issued executive order 14215, titled “Ensuring Accountability for All Agencies,” with the stated purpose of making federal agencies, including independent regulatory ones like the...more

Proskauer Rose LLP

Axed ALJ Removal Protections Mark Big Shift For NLRB

Proskauer Rose LLP on

The continued legal challenges to the constitutionality of certain aspects of the National Labor Relations Board and the National Labor Relations Act took a potentially significant turn in a decision issued by the U.S....more

Proskauer - Labor Relations Update

Breaking: NLRB Drops Opposition to SpaceX’s Constitutionality Arguments

On February 3, 2025, the National Labor Relations Board (“NLRB” or the “Board”) filed a letter with the U.S. Court of Appeals for the Fifth Circuit on Space Exploration Technologies Corp. v. NLRB, Consolidated Case No....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - July 2018: Do You Want An Inferior Judge? Why PTAB Judges May Be Unconstitutional And What Happens...

Is the appointment of PTAB administrative patent judges (APJs) constitutional? The patent bar is asking in the wake of the Supreme Court’s decision in Lucia v. SEC....more

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