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Joe Fleming, et al. v. U.S. Department of Agriculture /EIN News/ Washington, D.C., April 01, 2021 (GLOBE NEWSWIRE) A two-judge majority of the U.S. Court of Appeals for the District of Columbia Circuit erred in Fleming v. USDA in February when it refused to address the constitutionality of the multiple layers of for-cause removal protection enjoyed by administrative law judges (ALJs) at the U.S. Department of Agriculture (USDA). The court remanded the issue back to USDA for initial consideration by the very ALJ whose constitutional status is under challenge. That remand not only failed to resolve the structural constitutional problem inherent in the statute but generated a second issue: whether USDA’s permissive claim-processing rules themselves bind Article III courts.

United statesPeggy littleJared mcclainJoe flemingPhilip hamburgerSupreme courtFree enterprise fundv public coUs supreme courtUs department of agricultureCivil liberties allianceUs courtColumbia circuitNew civil liberties allianceFleming petitionersHorse protection actJudge rao