President Trump is making America great once again! On Tuesday of this week, President Trump signed an executive order aimed at tightening his administration’s control over regulatory judges. This order allows agency heads to directly hire administrative law judges.
These judges are the ones who rule on legal issues which encompass legal issues relating to government regulations. Previously all these appointments had to go through the Office of Personnel Management but earlier this year SCOTUS ruled judges should be considered “inferior officers” even though before they fell into the category of regular employees. Which will allow agency heads that are political appointees to make hires.
According to Politico, there are roughly 2k judges employed in the government, most of which are in the Social Security Administration.
Here is more via The Hill:
“President Trump on Tuesday signed an executive order aimed at tightening his administration’s control over regulatory judges.
The order allows agency heads to directly hire administrative law judges, the officials who rule on legal issues related to government regulations.
Previously, appointments had to go through the Office of Personnel Management, but the Supreme Court ruled earlier this year that the judges should be considered “inferior officers” rather than regular employees, which will allow agency heads that are political appointees to make hires.
There are about 2,000 of the judges employed throughout the government, primarily in the Social Security Administration, according to a Politico report.
The order will also make it easier for the Trump administration to fire the judges, and follows the president’s May directives that made it easier to fire federal employees.
The White House said in a statement that the order “reduces legal uncertainty” about judges’ appointments, and pre-empts arguments that their decisions should be overturned.
The executive order is another step in Trump’s fight against the regulatory state. Trump has vowed to dramatically roll back federal regulations, one of his campaign promises, and signed an executive order in January requiring agencies to revoke two regulations for every new one.”
Here is the text of the full Executive Order via The White House:
“By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 3301 and 3302 of title 5, United States Code, it is hereby ordered as follows:
Section 1. Providing Appointment Authority. (a) Good administration of the executive branch necessitates that the U.S. Marshals Service (USMS), a component of the Department of Justice, have a hiring authority that is currently available to other Federal law enforcement agencies and that would, among other things, enable the USMS to be competitive in recruiting high-quality Deputy U.S. Marshals and Criminal Investigators, to better hire and retain qualified individuals in certain duty locations, and to more expeditiously fill vacant positions consistent with law enforcement needs. Accordingly, it is appropriate to place Deputy U.S. Marshals and Criminal Investigators of the USMS in Schedule B of the excepted service, as it is impracticable to hold open competition or to apply usual competitive examining procedures for those positions related to Federal law enforcement.
(b) Appointments to the positions identified in subsection (a) of this section:
(i) may not be made to positions of a confidential or policy-determining character or to positions in the Senior Executive Service; and
(ii) shall constitute Schedule B appointments that are:
(A) excepted from the competitive service; and
(B) subject to laws and regulations governing Schedule B appointments, including basic qualification standards established by the Director of the Office of Personnel Management (Director) for the applicable occupation and grade level.
Sec. 2. Providing Conversion Authority. (a) Deputy U.S. Marshals and Criminal Investigators of the USMS appointed under Schedule B may, upon completion of 3 years of substantially continuous, fully satisfactory service, be converted non-competitively to career appointments, provided they meet the qualifications and other requirements established by the Director.
(b) The Director shall prescribe such regulations as may be necessary to implement this order.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
July 10, 2018.”
About time we had a president who uses common sense to govern! This order will make it a lot easier for the Trump administration to fire these judges who take it upon themselves to legislate from the bench.
Later in a statement, the White House said this would go a long way to reduce the legal uncertainty about judge appointees and the arguments. This executive order is just one more step in the president’s fight against the regulatory state or “Deep State.”
One of President Trump’s campaign promises was that he vowed to roll back federal regulations on a large scale. To which he signed an executive order back in January of 2017 which require government agencies to revoke two regulations for every new one created.
Now we can see clear as day why the whole DC establishment is against our president. He is a threat to everything they stand for and everything they are.
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