FIGHT THE POWER: NCLA Asks Federal Court to Halt Illegitimate U.S. Dep’t of Transportation Administrative Proceeding. “DOT has hauled gh Testing into its in-house tribunals, where agency officials violate the due process of law by acting as both prosecutor and adjudicator. DOT’s in-house administrative adjudicators are further illegitimate under Article II of the Constitution because they are not appointed by the President or DOT Secretary and are improperly shielded from presidential removal. Such tribunals cannot exercise judicial power to adjudicate DOT’s claims because Article III of the Constitution vests such power exclusively in federal courts. Finally, DOT’s in-house proceedings run afoul of the Seventh Amendment by depriving gh Testing of its right to a jury trial.”

Reminder/disclosure: I’m on the NCLA’s advisory board.