NCLA Amicus Brief Urges Full Sixth Circuit to…

NCLA Amicus Brief Urges Full Sixth Circuit to…

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WASHINGTON, DC, Aug. 01, 2022 (GLOBE NEWSWIRE) — Congress has long protected federal administrative judges (ALJs) from deportation, depriving Americans of their constitutional freedom to live under a government in which they have executive power is due by the President. The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, submitted a motion amicus curiae meager in a case over whether certain Federal Deposit Insurance Corporation (FDIC) officials, including the agency’s ALJs, are protected by multiple layers of property protections in violation of the Constitution’s “take care” clause. The NCLA is asking the Sixth Circuit Court of Appeals to grant the request for a rehearing Kolkata vs FDIC.

The Sixth Circuit Panel declined to decide this important constitutional issue, instead taking a no-remedy-also-no-decision approach. This avoidance strategy stands in stark contrast to the recent Fifth Circuit decision Jarkesy vs. SEC, a similar case in which an administrative objective challenged a final order resulting from a quasi-criminal prosecution proceeding overseen by an ALJ working for the SEC. Presented under several questions in Jarkesy was essentially the same as that put forward by petitioner Calcutt: whether the ALJ was unconstitutionally protected by multiple layers of protection from impeachment of the President. That Jarkesy The court first answered this question – in the affirmative – and only then considered the appropriate legal remedy.

Sixth Circuit Panel Decision Kolkata prevents removal protection challenges and effectively allows ALJ abuse injuries to persist indefinitely. The decision signals to potential challengers to the protection of government property that courts will not protect, much less offer them a remedy, their constitutional rights to a lawful tribunal without individualized evidence for damages that will almost never exist. The decision takes away any investment incentive from the individual citizen…



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