https://www.npr.org/2018/07/10/627826602/trump-changes-how-federal-agency-in-house-judges-are-hired"how do I frame this to make it look like Trump is responsible"
I mean jesus, Lucia v SEC was just decided
two weeks ago at the supreme court, and it was Kagan who wrote the majority 7-2 opinion that stated that ALJs are officers of the United States, since they are being effectively being given judicial power, and thus must be appointed by the President or a delegated officer. Now Trump has issued an executive order saying that ALJs will be appointed instead of hired, as otherwise they would be in violation of Lucia and any of their actions would be challenged and invalidated. Yet the NPR article goes out and tries its darnedest to frame it as Trump overreaching;
Quote
that ALJs are officers of the United States, since they are being effectively being given judicial power, and thus must be appointed by the President or a delegated officer
..
"The executive order takes a very modest decision from the Supreme Court last month, and basically runs with it to turn just about all administrative law judges within the executive branch from somewhat independent civil servants into politically appointed and politically removable bureaucrats who basically will have no one to answer to other than the administration officials who are responsible for their appointment," said Stephen Vladeck, an expert on administrative law at the University of Texas law school.
What nonsense did I read? What is "
A very modest decision"? The SCOTUS ruled on the specific question of whether ALJs are "independent civil servants" or "politically appointed and politically removable bureaucrats". And they decided upon the latter. What kind of 'expert' on administrative law is going to tell the administration that they should simply ignore a SCOTUS ruling and continue hiring ALJs on an unauthorized basis and openly flout Lucia?