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Post by superalj on Nov 24, 2022 9:25:24 GMT -5
Interesting options if the ADA framework is thrown out. Could a president issue an E.O. requiring executive agencies to obtain permission from the WH before initiating removal? Could Congress pass a statute to that effect? Maybe the lame duck Congress but they have more urgent business. As to the next Congress, we will be lucky if the House doesn’t shut down the government and ruin our economy with refusal to extend the debt relief and their fetish on opposing even routine governance. |
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Post by jagvet on Nov 28, 2022 13:48:16 GMT -5
Please, please, please shut down government! In the past shutdowns, we got a few days off, paid retroactively, and didn't use up leave. By the way, @superalj, I doubt the new House could do any worse to the economy than the old House did. Have you bought gas or food lately?
I also think the debt ceiling should not be raised. Mortgages are now back at 1979 levels. I think that's outrageous.
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Post by Prrple on Nov 29, 2022 13:03:09 GMT -5
Please, please, please shut down government! In the past shutdowns, we got a few days off, paid retroactively, and didn't use up leave. By the way, @superalj, I doubt the new House could do any worse to the economy than the old House did. Have you bought gas or food lately? I also think the debt ceiling should not be raised. Mortgages are now back at 1979 levels. I think that's outrageous. When Newt shut down the gov, I was active duty, giving legal advice to junior enlisted folks who were freaked about not getting paid. It is very stressful to people who have low income. Do the hourly people get paid for time not worked? I have not looked that up. I know nonessential government contractors usually do not get paid for time lost to a shutdown.
Inflation is awful. Global inflation is even worse. It's a couple of points higher in Europe than here. It is low in Japan, though it is also at an 8 year high for them.
I hope the debt ceiling is raised to match the appropriations already made that will exceed it, so that the treasury department of our government can fulfill the financial obligations already incurred. Governmental default would be dire. It does not turn out well for countries who have defaulted on their debt. And I want the interest on my US savings bonds to be paid.
The current mortgage rate is the rate I paid in 2003. My parents paid double digit mortgage interest in 1981, and I hope we do not get there.
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Post by manunited77 on Nov 29, 2022 15:40:49 GMT -5
No one in OHO is getting any time off if the government shuts down. We will all be declared essential and we will keep working as usual. We will just wait to get paid until after it is all over.
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Post by rp on Dec 4, 2022 18:57:53 GMT -5
No one in OHO is getting any time off if the government shuts down. We will all be declared essential and we will keep working as usual. We will just wait to get paid until after it is all over. Actually - we will get paid. At least we did last time. We are self funded. |
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Post by stevenq on Dec 5, 2022 8:48:02 GMT -5
No one in OHO is getting any time off if the government shuts down. We will all be declared essential and we will keep working as usual. We will just wait to get paid until after it is all over. Actually - we will get paid. At least we did last time. We are self funded. Don't think that's right, at least not to an appreciable degree like GSA or something. IIRC the reason SSA employees still got paid is because SSA uses DOI's payment apparatus, whose workers were deemed essential and could continue processing pay. The interesting question of how there was still money to be processed I don't know or recall. |
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Post by hillsarealive on Dec 5, 2022 10:10:26 GMT -5
I'm thinking we'll avoid a shutdown as the conditions don't seem ripe for one. Congress could past a budget in the lame duck session. If we get a continuing resolution instead, then the next Congress can work on the budget. The next Congress will be divided, but only narrowly. Also, for what it is worth, it is hard to interpret the midterms as sending a signal that voters were fed up with the party in power/mad at government. Add it all up, and a shutdown seems unlikely in the near term. But I've been wrong before.
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Post by nylawyer on Dec 5, 2022 12:04:20 GMT -5
I dont see a shut down in December, but assuming another CR just kicks the can into Februrary I could easily see a shut down happening then.
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Post by Top Tier on Nov 26, 2023 16:55:09 GMT -5
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Post by carrickfergus on Nov 27, 2023 16:31:40 GMT -5
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Post by arkstfan on Nov 29, 2023 3:30:59 GMT -5
People with lots and lots and lots and lots of money absolutely hate the nasty ol' SEC. They want to make it harder to pursue violations of security laws. The hassle of getting before a rootin' tootin' Article III judge is in and of itself a deterrent to the SEC. It's a slower process with a precise liturgy to be followed. Dockets are clogged and there is always a chance you delay and time waste until you buy a better president who will hopefully call of the dogs and tell you go forth and sin no more or not as good but acceptable insure that absolution is granted with a light penance.
There are billions of dollars interested in neutering the SEC.
Disability claims? That ain't real money and it doesn't impact anyone with the resources to effectively lobby.
Does the Supreme Court care if 1500 SSA ALJs get laid off? Of course not. They do however tend to care at least a bit about the district court judges and potentially three quarters of a million cases suddenly going into the the district courts won't make anyone happy except the weirdo who might take joy in a claimant dying before a decision. That's a lot of indigent filings and equal access to justice funds.
Just too easy to make up distinctions. There are no penalties imposed. An ALJ decision isn't final until reviewed by the AC if the claimant is dissatisfied and wishes to move forward. On and on you can find ways to distinguish.
Crushing the SEC and flooding the district courts with benefit claims are two vastly different things and finding a distinction even if horribly contrived is the likely outcome.
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Post by neufenland on Nov 29, 2023 13:47:59 GMT -5
I listened to the oral argument and think you SSA folks are likely safe. Much was made on the idea of affirmative government benefits vs. civil penalties, and I am not even sure civil penalties are off the table completely (only if they attach to what would be a suit at common law in the 1790s). Predictions are free, though, and worth as much as you pay for them. I do think the SEC will get dinged on their ability to do civil penalties for fraud actions in their own tribunals. They can probably still do things like license actions, though.
Justice Kavanaugh did make a comment that the removal of AlJ protections would “make it worse” when it came to fairness in agency adjudication, or something to that effect. That’s a good sign for you all. Or so I think.
anyone doing the ABA Ad Law conference over the next two days? I’m sure it will come up in at least one panel.
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Post by maineiac on Nov 29, 2023 14:56:42 GMT -5
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Post by carrickfergus on Nov 29, 2023 16:38:08 GMT -5
I listened to the oral argument and think you SSA folks are likely safe. Much was made on the idea of affirmative government benefits vs. civil penalties, and I am not even sure civil penalties are off the table completely (only if they attach to what would be a suit at common law in the 1790s). Predictions are free, though, and worth as much as you pay for them. I do think the SEC will get dinged on their ability to do civil penalties for fraud actions in their own tribunals. They can probably still do things like license actions, though. Justice Kavanaugh did make a comment that the removal of AlJ protections would “make it worse” when it came to fairness in agency adjudication, or something to that effect. That’s a good sign for you all. Or so I think. anyone doing the ABA Ad Law conference over the next two days? I’m sure it will come up in at least one panel. Good catch! He said removal of ALJ protections would "exacerbate" the issue of the perception of fairness in agency adjudication. And unless I blinked, that was the only time ALJ removal protections was mentioned in the oral argument. |
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Post by superalj on Nov 29, 2023 23:22:00 GMT -5
Good analysis in the WAPOST except for the descriptor “conservative” as they are anything but conservative. Regardless, I think the best we can hope for is a narrow ruling against the SEC. My question is what happens to the latter issue of constitutionality of ALJs and removal if the ruling is narrow. The Fifth Circuit already held that ALJs are at will, does that stand if SCOTUS issues a narrow opinion giving SEC defendants a right to a jury trial? Supreme Court conservatives seem dubious about SEC’s in-house tribunals While critical of the Security and Exchange Commission’s procedures, the justices seemed to be looking for a narrow — not wide-ranging — solution. By Robert Barnes www.washingtonpost.com/politics/2023/11/29/supreme-court-sec-tribunals-administrative-state/ |
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Post by superalj on Dec 2, 2023 19:41:46 GMT -5
Pixie, let us use VPNs for the board since we may be at will employees soon!
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Post by Top Tier on Dec 2, 2023 22:24:34 GMT -5
Pixie, let us use VPNs for the board since we may be at will employees soon! SSA ALJs are not going to be at-will employees soon; but VPN access to this board is a indispensable request. |
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Post by privateatty on Dec 29, 2023 15:11:52 GMT -5
SSA ALJs to become at will? Please. Justice Kavanaugh's remark is important. SCOTUS will understand what the stakes are and I believe tread lightly. Yes. Justice Gorsuch doesn't like ALJs in theory, but as has been pointed out, gutting the ALJ Corps will cause chaos beyond the imagination of anyone. Add to that a dysfunctional Congress that would be called upon to fix the catastrophe. The FALJC Jarkesy Amicus brief correctly points out that thanks to our last Administration, agency heads are free to make cousin Wilber an ALJ.
The SEC bar has taken a hit in its billables because ALJs won't let them "depo the doorman". They want Art. III jury trials and six figure remuneration. You think they care about their clients? Please. Non SEC ALJs like me are just potential collateral damage in the quest for more billable hours.
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Post by neufenland on Jan 2, 2024 18:23:24 GMT -5
SSA ALJs to become at will? Please. Justice Kavanaugh's remark is important. SCOTUS will understand what the stakes are and I believe tread lightly. Yes. Justice Gorsuch doesn't like ALJs in theory, but as has been pointed out, gutting the ALJ Corps will cause chaos beyond the imagination of anyone. Add to that a dysfunctional Congress that would be called upon to fix the catastrophe. The FALJC Jarkesy Amicus brief correctly points out that thanks to our last Administration, agency heads are free to make cousin Wilber an ALJ. The SEC bar has taken a hit in its billables because ALJs won't let them "depo the doorman". They want Art. III jury trials and six figure remuneration. You think they care about their clients? Please. Non SEC ALJs like me are just potential collateral damage in the quest for more billable hours. With a more restrained Court, I’d agree with you wholeheartedly. This is the same group, though, that flushed a constitutional right, established for half a century and upheld numerous times, down the toilet. And they did it with middle fingers raised in the air. I want to be clear that I’m not advocating for or against that underlying issue as it pertains to the 14th Amendment’s Due Process clause, but just want to point out that precedent/stare decisis and reliance interests don’t seem to be concerns with this Court. Justice Scalia said “I’m an originalist, but I’m not a nut” when it came to considerations of practicalities. I hope that still holds to some degree with the ALJ issue, at least. It”s probably apples and oranges given the two issues are notably dissimilar in terms of how they play out nationally, but I’m not sure I’d be shocked if they completely throw the “administrative state baby” out with the bathwater. what a time to be alive, right? |
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Post by jagvet on Jan 4, 2024 23:29:19 GMT -5
From 2016 through 2021, we heard over and over how the last administration was going to fire all of the ALJs and hire "cousin Wilber." Hey, Henny Penny and Chicken Little: The sky is not falling. Please stop with this nonsense. It's only your ego which makes you think you are so important as to be fired. As I recall, the only SSA firing in memory was the Commissioner and Deputy Commissioner. Oh, wait a minute. Biden did that. Oops. I mean it was Putin.
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