Source: Law & Liberty
by Stone Washington
“Unbeknownst to most Americans, federal regulatory agencies have their own court system for adjudicating disputes that businesses and citizens have with regulators. These agencies rely on special courts headed by administrative law judges (ALJs). One big problem with this system is that it operates independently of legitimate Article III courts. Another problem is that agency-housed tribunals have a strong tendency to favor regulators over the regulated. And yet another problem is how these judges (which I call ‘transitory’) get loaned out between agencies. Inter-agency borrowing of ALJs may not immediately stand out to the average citizen as problematic, but it raises serious questions about constitutionality, executive transparency, and bureaucratic oversight.” (12/01/25)