Separate Federal Judges from the President

The three branches of government are meant to balance each other. And yet, the Executive Branch has almost 2,000 Administrative Law Judges (ALJs) directly responsible to the President.

That’s more judges than in the entire federal Judicial Branch nationwide.

Specifically, these ALJs are under the various agencies, who, of course operate under the direction of the President. These ALJs should be in the Judicial Branch, and not the Executive.

The idea behind ALJs is to have them preside over and make early decisions on cases before they can be appealed to the actual judicial branch. They are intended to be subject-matter experts. The problem is that (1) the President can exert influence on decisions and policies guiding ALJs, and (2) cases can be tied up in limbo by the administrative process and appeals indefinitely, possibly never reaching a conclusion, which is tantamount to dismissing a case altogether.

As you can see, these 2,000 ALJs should be moved from the executive branch into the judiciary. They should be assigned by and report to the Supreme Court. This change would increase the power of the Judicial Branch dramatically, while also greatly curtailing the power of the President.

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