Are ALJ decisions the last word on agency policy? [No. 86]

How much weight is given to a verdict rendered by an administrative law judge? Professor Jennifer Mascott explains that the answer varies from agency to agency. Ultimately, the head of an agency is responsible for agency action and policies, but an ALJ decision can influence the final outcome of how policy is executed.
Jennifer Mascott is an Assistant Professor of Law at the Antonin Scalia Law School. Professor Mascott writes in the areas of administrative and constitutional law.
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
These videos were filmed when Jennifer Mascott was a professor at George Mason University's Antonin Scalia Law School. Her views are entirely her own.
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[@dustinhedden2593]

Not sure I understand. There's someone who has to approve the rulings of an appointed (or elected whichever) ALJ? How do you get that job.
Are you suggesting that we put to much value on precedent?

[@Richardcuz420]

Most federal ALJs are hired under title 5 and work for the executive, only SEC ALJs are actually appointed by the President and confirmed by the Senate thanks to Lucia V. SEC. Read Philip Hamburger's book The Administrative Threat. He makes a compelling case for why agency ALJs are unconstitutional. Simple solution, get rid of all federal ALJs and place them under the judiciary and allow for jury trials, you know... Due process.