NLRB Asserts Its Administrative Law Judges Are Validly Appointed

Following the Supreme Court’s decision in Lucia v. SEC, in which it held that the government-wide system used to appoint administrative law judges (ALJs) violates the U.S. Constitution (as discussed in our June 2018 E-Update), the National Labor Relations Board asserts in a press release that its ALJs are validly appointed. In accordance with the Supreme Court’s ruling that ALJs must be appointed by the President, a court of law, or the head of a government department, the NLRB states that its ALJs are appointed by the full Board as the “Head of Department.”