CURRENT ALJ NOT AFFECTED by SCOTUS and Trump-Executive*Order
The order does not affect the employment status of current ALJs, Sherk said, although agencies might want to protect themselves against challenges by having the agency head certify their appointment. The order further does not alter disciplinary or other employment policies for ALJs and “is not going to affect ALJs’ decisional independence once they are appointed,” he said.
After their hiring, administrative law judges will still be protected by statutory procedures governing removals, principles that protect independence, Sherk said. He also said the order does not affect the status of current ALJs, though agency chiefs can ratify existing judges to reduce litigation risk stemming from a June Supreme Court decision, Lucia v. Securities and Exchange Commission.