Walmart Prevails on Claims DOJ’s Judges Are Unconstitutional

Walmart Inc. dodged Justice Department allegations of immigration law violations after a federal district judge concluded that the agency’s administrative law judge system is unconstitutional.

District Judge J. Randal Hall found Monday that issues with the authority of DOJ administrative law judges “cannot be overlooked.” The judges’ multilevel protection from removal is contrary to Article II of the Constitution, which grants the president executive power that includes the appointment and removal of government officials, he said.

“ALJs assess fines, penalties, and even forfeitures against private parties on behalf of the government. And they are doing so without supervision as required ...