In response to the United States Supreme Court’s decision in Lucia v. Securities and Exchange Commission issued last month, which ruled the SEC’s appointment of administrative law judges (ALJs) was unconstitutional, President Trump issued an executive order on July 10, 2018 excepting ALJs from the competitive selection process in place for their appointment. The text of the order can be found here.
The order provides that: “Conditions of good administration warrant that the position of administrative law judge be placed in the excepted service and that appointment to this position not be subject to the requirements of 5 C.F.R., part 302, including examination and rating requirements, though each agency shall follow the principle of veteran preference as far as administratively feasible.”
ALJs shall at the time of their appointment be required to hold a law license, be admitted to practice in a U.S. state or territory, and be in “good standing” with that jurisdiction. The Director of the Office of Personnel Management was charged with adopting regulations to implement the order.