Federal agencies can “trap” businesses and individuals for years in proceedings before administrative law judges (ALJs) who work for the agencies, rarely rule against them and can’t be removed by the president, constituting “here-and-now constitutional injuries,” according to lawyers for these targets.
Nonlethal weapons supplier Axon Enterprises and certified public accountant Michelle Cochran want the right to challenge the constitutionality of Federal Trade Commission and Securities & Exchange Commission ALJs in real courts, before the expense and emotional drag compels them to settle regardless of their guilt or the legitimacy of the proceedings.
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