DOJ Ends Defense of Agency Judge Removal Law in Walmart Suit (1)

The Justice Department in oral arguments Friday conceded the protections against removing its administrative law judges are unconstitutional, while also asserting before a federal appeals court that this flaw shouldn’t doom DOJ’s enforcement powers against Walmart Inc. or anyone else.

The Walmart case at the US Court of Appeals for the Eleventh Circuit is one of a flurry of court challenges to the in-house judge systems that handle enforcement actions within many federal agencies.

In appealing a federal district court’s finding that sided with Walmart, federal officials argued the court should sever the unconstitutional removal protections and otherwise leave ALJs ...