Podcasts about administrative law judges aljs

Constitutionality of ALJs NCLA filed an amicus brief in Fleming, et al. v. USDA, citing the U.S. Supreme Court's 2018 decision in Lucia v. SEC and taking issue with the USDA's use of Administrative Law Judges (“ALJs”) who violate Article II and the separation of powers. No statute, law, or court precedent compelled the decision. Longstanding precedent requires courts to fulfill their “unflagging” duty to hear such constitutional challenges which protect Americans from this merciless and illogical flex of government power.  On February 16th, the U.S. Court of Appeals for the District of Columbia filed a disappointing ruling —leaving Mr. Fleming in a legal limbo where his constitutional separation-of-powers claim cannot be heard by a real Article III judge. The Fleming case contested the USDA's use of ALJs in a way that violates Article II of the U.S. Constitution. In this episode, Mark discusses the D.C. Circuit's decision in Fleming, et al. v. USDA.  Read more here: https://nclalegal.org/amicus-brief-fleming-et-al-v-united-states-department-of-agriculture/   Tax Season Later in the episode, Vec describes Ali Taha's battle against the IRS and the problems with Brand X deference by the Courts. During Fiscal Year 2019 the Internal Revenue Service (IRS) processed approximately 253 million tax returns and other forms. But if the case of NCLA client Ali M. Taha is any indication, there is no guarantee that the IRS will acknowledge receipt of your tax return or tax-refund claim, and you might just end up in court trying to get your money back.  Mr. Mohamad E. Taha and Ms. Sanaa M. Yassin, filed a claim seeking refund of taxes overpaid in 2002, 2003, and 2004, but the IRS asserts it never received the filing. The CFC conducted a trial on the question of whether Mr. Ali Taha had mailed the tax-refund claim to IRS. The court concluded that Mr. Taha's testimony was credible and that he had indeed mailed the tax-refund claim. However, IRS argued that an amended 2011 regulation prohibits witness testimony on the timely-mailing question and instead only recognizes certified or registered mail receipts as adequate proof of mailing. The regulation conflicts with the applicable statute, which several courts have read to allow witness testimony on this very question. Moreover, the regulation contradicts the centuries-old common law “mailbox rule” that allows such testimony. A canon of statutory construction called the common law presumption canon forbids construing statutory silence to override the common law. Read more here: https://nclalegal.org/ali-m-taha-on-behalf-of-his-deceased-brother-and-his-brothers-wife-v-united-states/ See omnystudio.com/listener for privacy information.

This current presidential administration set out to change America’s courts – and, unfortunately, it is succeeding. This episode discusses a recent Presidential executive order and DOJ memo that changes the way Administrative Law Judges (ALJs) are hired and fired in this country. The administration claims the changes are in response to a recent Supreme Court decision, but they aren’t. Lucia doesn’t require the changes (and they know it). The changes are the latest move in their campaign to change America’s courts.We also dig deeper into the role of ALJs at the Social Security administration since most of the ALJs work in SSA. We discuss how this administration’s changes threaten the impartiality and independence of ALJs and how that is dangerous given the importance of social security benefits to minority populations.Sources:https://www.reuters.com/article/us-otc-dojmemo/in-confidential-memo-to-agency-gcs-doj-signals-aggressive-stand-on-firing-aljs-idUSKBN1KD2BBhttps://www.bna.com/supreme-court-leaves-n73014476762/https://www.washingtonpost.com/opinions/do-you-have-a-social-security-card-then-take-this-executive-order-personally/2018/07/18/4d66339c-89d6-11e8-85ae-511bc1146b0b_story.html?noredirect=on&utm_term=.3c66ebe866bbhttps://takecareblog.com/blog/the-trump-administration-s-newest-target-administrative-law-judgesInstrumental: "Pyro Flow" Kevin MacLeod (incompetech.com). Licensed under Creative Commons: By Attribution 3.0 License. http://creativecommons.org/licenses/by/3.0/

This week, Jason and Easha discuss a new executive order and accompanying guidance by the Trump Administration that dramatically change the rules for hiring Administrative Law Judges (ALJs) across the entire federal government. Easha starts the discussion by explaning the background of the federal bureaucracy, what role ALJs play, and why that role has changed after the Supreme Court's recent decision in Lucia v. SEC. They then discuss the Trump Administration's response to Lucia, which, taken as a whole, substantially changes the way ALJs are hired and could potentially alter the reasons they can be fired. Easha and Jason consider whether the changes—which will permit the President to have more control over administrative judges—are good or bad, and they also wonder whether these issues will ever be aired in court. They end with a few Trump nuggets updating other important cases, including the Manafort case and the census case.You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here. NotesThe President's executive order is here.The DOJ guidance memo is here. Reuters first posted the memo in a story that can be found here.Jason discussed updates to the census and national monuments cases. Those updates were based on this article (census) and this one (monuments). See acast.com/privacy for privacy and opt-out information.

This week on the podcast: D.C. Circuit extravaganza featuring special guests Professor Aaron Nielson, wanted “Anti-Administrativist” and Sage of the C.A.D.C.; and Cate Stetson, Hogan Lovells’ legendary appellate litigator who is one of the D.C. Circuit’s most frequent (and successful litigators). We record the episode with a LIVE student audience at Georgetown Law Center (thanks to our hosts, the students of the Georgetown chapter of the Federalist Society). Hear Aaron and Cate discuss what makes the D.C. Circuit unique? What are the biggest admin law issues coming out of the court? And just who is Judge Posner’s “mystery” D.C. Circuit judge, anyway? Plus: a lightning round of trivia about the current judges. WARNING: this episode’s guests may be armed with anti-deference arguments. Use iTunes? https://itunes.apple.com/us/podcast/short-circuit/id309062019 Use Android (RSS)? http://feeds.soundcloud.com/users/soundcloud:users:84493247/sounds.rss Newsletter: http://ij.org/about-us/shortcircuit/ Want to email us? shortcircuit@ij.org Links to a few items we discuss on this episode: Aaron Nielson's JREG post on the Lucia v. SEC oral argument: http://yalejreg.com/nc/d-c-circuit-review-reviewed-en-banc-oral-argument-part-ii/ Law Prof Kent Barnett’s article on Administrative Law Judges (ALJs): https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2144217 Aaron Nielson’s JREG post on Judge Posner’s D.C. Circuit “Mystery Judge”: http://yalejreg.com/nc/d-c-circuit-review-reviewed-can-you-guess-the-mystery-judge/ IJ’s latest lawsuit, a free speech challenge to the FDA’s Orwellian “skim milk” labeling regulations: http://ij.org/case/fda-skim-milk/ Aaron Nielson’s JREG post on the D.C. Circuit’s quirky “asterisk rule”: http://yalejreg.com/nc/d-c-circuit-review-reviewed-by-aaron-nielson/

The Securities and Exchange Commission (SEC) has recently increased its use of administrative proceedings, before Administrative Law Judges (ALJs), to seek civil penalties, as an alternative to proceeding in an Article III court. Other federal regulatory and enforcement agencies use ALJs for various purposes at various rates. Although no single set of rules governs all ALJs, they typically differ from Article III courts in important ways, bringing their use under recent criticism. As two examples, ALJs do not enjoy life tenure and they are sometimes employed by and answerable to the agency itself. Our panel will discuss the pros and cons of the use of ALJs at the SEC and other agencies. -- This panel was presented at the 2015 National Lawyers Convention on Thursday, November 12, 2015, at the Mayflower Hotel in Washington, DC. -- Featuring: Prof. John S. Baker, Jr., Visiting Professor, Georgetown University Law Center; Mr. Stephen J. Crimmins, Shareholder, Murphy & McGonigle PC; Prof. Todd E. Pettys, H. Blair and Joan V. White Chair in Civil Litigation, University of Iowa College of Law; and Prof. Tuan Samahon, Villanova University School of Law. Moderator: Hon. F. Scott Kieff, Commissioner, International Trade Commission.