YUGE: This Trump Decision Is A Major Blow To The Administrative State.

The Trump administration switched sides Wednesday in a case pending before the Supreme Court that could retroactively nullify tens of thousands of agency decisions.

The case, Lucia v. SEC, has major implications for the process by which federal agencies try or punish those in violation of laws or regulations.

The litigation concerns an agency’s decision to allow career bureaucrats to preside as the functional equivalent of judges during enforcement proceedings. These officials, called administrative law judges (ALJs), are hired by career bureaucrats. They are not appointed by the president, a court or an agency head, but they exercise significant authority on behalf of the U.S. government in official proceedings.

ALJs can, among other things, issue subpoenas, make decisions about the credibility of witnesses or the admissibility of evidence, and issues provisional rulings that are generally upheld on final review — if a final review occurs at all.

The professionalization of the bureaucracy has proven far more corrupt than the spoils system it was supposed to clean up.