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Government Urges SCOTUS to Declare ALJ Process Unconstitutional

Client Alert | 1 min read | 12.08.17

On November 29, 2017, the United States filed a brief in support of certiorari in Raymond J. Lucia Cos., Inc. v. SEC, urging the U.S. Supreme Court to use the case to hold that the existing hiring process for federal administrative law judges (ALJs) is unconstitutional. To date, federal courts of appeals have split on the question: the D.C. Circuit ruled that ALJs are mere “employees” of the federal government and are properly hired through a competitive process overseen by the Office of Personnel Management (OPM); the Tenth and Fifth Circuits, on the other hand, ruled that ALJs are “inferior officers” of the United State and must therefore be appointed as dictated by the Appointments Clause of the U.S. Constitution, as previously discussed here and here. The answer to the question could have significant consequences for thousands of ALJs serving in dozens of federal agencies who are routinely charged with overseeing discovery in agency proceedings, issuing subpoenas, making findings of fact, and deciding cases. The Supreme Court should decide whether to accept the case for argument early next year.

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Client Alert | 6 min read | 10.26.26

Executive Order Creates Women’s Health Task Force, Rescinds Prior Initiatives

On October 19, 2026, President Trump signed an executive order (EO) titled “Advancing Women’s Health to Improve Outcomes in All Phases of Life,” establishing new federal infrastructure dedicated to improving women’s health research, clinical translation, and coordinated policy leadership. The EO creates a White House Women’s Health Task Force and directs the U.S. Department of Health and Human Services (HHS) to establish a new Women’s Health Division within the National Institutes of Health (NIH).  ...