The overwhelming majority of ALJs are in the Social Security Administration dealing with claim disputes. I don’t think anyone has a problem with that, and we can leave them alone.

The NLRB, SEC, FTC. These cases belong in a real Article III court. Once we solve this issue, people can’t raise it in bad faith anymore to weasel out of consequences. Every litigant wants to win, and I agree that they are raising these issues to attack proceedings that they might lose on the merits.

I believe it was Justice Kagan who said last term that there are a finite number of Constitutional issues with agency structure. Let’s just fix them all now.