CEI Report on Agency Adjudication Reform

CEI’s Ryan Young and Stone Washington were cited in Yale Journal on Regulation in relation to a new CEI Report on Agency Adjudication Reform:

Today, the Competitive Enterprise Institute has released a new report, by Ryan Young and Stone Washington, entitled Conflict of Justice: Making the Case for Administrative Law Court Reform. Here’s a taste of the report, from conclusion:

Administrative law courts are unfair and regressive. They violate the separation of powers. They do not relieve regular court backlogs, and they do not necessarily offer better expert knowledge in many cases. They also unjustly empower agencies to blend executive and judicial powers, while providing a prolonged process that drains a private litigant of valuable time and money.

ALCs are ripe for reform, but because most people do not even know that ALCs even exist, there has been little popular push for reform. When people do find out about ALCs, they tend not to like what they see. This is as true in the judiciary as it is with regular people, as the Jarkesy, Axon, and Cochran cases show. Congress needs to reform ALCs, either by moving them to the judicial branch, or by funding a magistrate-style system where circuit courts oversee ALC-like bodies.

Read the full article on Yale Journal on Regulation.