December 10 Ruling Eases Removal of NLRB Judges, Impacts Legal Deference, Says James Liebman

A recent federal court ruling has made it easier to remove administrative law judges from the National Labor Relations Board (NLRB). The ruling, issued on December 10, 2024, states that certain judges can be removed without cause, thereby eliminating a layer of protection that previously safeguarded them. This decision is part of a broader legal context where courts are also reassessing their deference to agency interpretations of law, particularly in cases concerning state criminal verdicts and habeas corpus. Legal experts, including Columbia Law's James Liebman, have commented on the implications of this ruling, suggesting it may limit the courts' ability to defer to state court decisions regarding constitutional challenges. Additionally, some commentators have expressed concerns that the ruling could hinder law enforcement efforts in various areas, including combating fentanyl trafficking and securing the border.