EO 13843 titled, “Excepting Administrative Law Judges from the Competitive Service” (83 FR 32755). The E.O. specifies that all appointments of ALJs made on or after July 10, 2018 must be made under Schedule E of the excepted service and acknowledges that such appointments must be made by the head of the hiring agency.
EO 13843 titled, “Excepting Administrative Law Judges from the Competitive Service” (83 FR 32755). The E.O. specifies that all appointments of ALJs made on or after July 10, 2018 must be made under Schedule E of the excepted service and acknowledges that such appointments must be made by the head of the hiring agency.
My position was restructured so that new hires were not merit selected. Biden did not cure it because it entails a lousy interpretation from SCOTUS and reinstatement of a hiring "register." . Whereas judges had been hired after a test, an examination of experience and an impartial panel review through OPM, the Office of Personnel Management, now hired under the spoils system.
Wow so now we have regressed to the spoils system. By cure I take it to mean that Biden did not have a permanent remedy, because of a lousy interpration of SCOTUS. What was the SCOTUS interpretation., is it so bad that Biden finds the status quo better than revoking Dubya's EO 13483?
The SEC improperly appointed judges. I begged them to ask the SEC to reappoint them, but they never did. In Lucia v. SEC, SCOTUS found they were unconstitutionally appointed, and hundreds of cases had to be reheard. The Trump administration tried to extend this across many other agencies, and there is still ongoing litigation. https://en.wikipedia.org/wiki/Lucia_v._Securities_and_Exchange_Commission
I've probably told you that the administration's knowledge and view of administrative law has been lacking. This stuff is arcane and has been in a state of flux. The Administrative Procedure Act should be a mini Constitution in cases involving regulations and adjudications by administrative agencies. Biden administration did not do fact finding under the APA in the OSHA vaccine case. https://www.cnbc.com/2022/01/13/supreme-court-ruling-biden-covid-vaccine-mandates.html
EO 13843 titled, “Excepting Administrative Law Judges from the Competitive Service” (83 FR 32755). The E.O. specifies that all appointments of ALJs made on or after July 10, 2018 must be made under Schedule E of the excepted service and acknowledges that such appointments must be made by the head of the hiring agency.
My position was restructured so that new hires were not merit selected. Biden did not cure it because it entails a lousy interpretation from SCOTUS and reinstatement of a hiring "register." . Whereas judges had been hired after a test, an examination of experience and an impartial panel review through OPM, the Office of Personnel Management, now hired under the spoils system.
Wow so now we have regressed to the spoils system. By cure I take it to mean that Biden did not have a permanent remedy, because of a lousy interpration of SCOTUS. What was the SCOTUS interpretation., is it so bad that Biden finds the status quo better than revoking Dubya's EO 13483?
The SEC improperly appointed judges. I begged them to ask the SEC to reappoint them, but they never did. In Lucia v. SEC, SCOTUS found they were unconstitutionally appointed, and hundreds of cases had to be reheard. The Trump administration tried to extend this across many other agencies, and there is still ongoing litigation. https://en.wikipedia.org/wiki/Lucia_v._Securities_and_Exchange_Commission
I've probably told you that the administration's knowledge and view of administrative law has been lacking. This stuff is arcane and has been in a state of flux. The Administrative Procedure Act should be a mini Constitution in cases involving regulations and adjudications by administrative agencies. Biden administration did not do fact finding under the APA in the OSHA vaccine case. https://www.cnbc.com/2022/01/13/supreme-court-ruling-biden-covid-vaccine-mandates.html
Same thing in the EPA case. Agencies should, as a matter of self preservation, in an abundance of caution as we say in the trade, hold hearings and establish a factual basis for rulemaking. https://www.eenews.net/articles/supreme-court-rejects-challenge-to-biden-climate-metric/