Meet The Rubber Stamp

A recent interview with an administrative law judge reveals what we all knew: the Departments write the rules and can put substantial pressure on judges to conduct the procedures of the court in a manner favorable to them. Agencies have come to believe that the judges are their judges – as they have paid for them. And many judges have come to feel that they are rubber stamps because their rulings are subject to reversal by the Department head. Where agencies have their own captive judges the pressure can be overt: Judges are told what decisions to make. In other words, the department writes the rules, enforces the rules, and determines the outcome of the hearing. Now, that is due process! Who could think of such a system? Oh yes, our government agencies!