In this case, NCLA takes issue with the United States Department of Agriculture’s (“USDA”) use of Administrative Law Judges (“ALJs”) who violate Article II and the separation of powers.
NCLA represents clients before the Fifth, Ninth, and Eleventh Circuits who are challenging the multiple for-cause removal protections enjoyed by ALJs in the Securities Exchange. See Cochran v. SEC, Lucia v. SEC, and Gibson v. SEC.
Additionally, those cases have caused NCLA to confront issues relating to administrative exhaustion and forfeiture, agency attempts to nullify Art. III court jurisdiction, as well as what remedy is appropriate when an agency’s ALJs are unconstitutional.