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A Court Divided: October Term 2023
Preserving Due Process and the Rule of Law: An Article I Courts [CC]
![Preserving Due Process and the Rule of Law: An Article I Courts [CC]](/content/dam/aba-cms-dotorg/products/ecd/ondemand/438341704/438341704.Def.L.png.transform/product-2x/img.png)
Preserving Due Process and the Rule of Law: An Article I Courts [CC]
This program will describe the history of administrative courts, concerns about judicial independence, and the crisis at the immigration court identifying some of its causes. It will also discuss how the creation of independent courts under Article I of the Constitution would restore fairness and the rule of law.
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Closed Captioned.
On November 29, 2023, the U.S. Supreme Court heard oral arguments in Securities and Exchange Commission (SEC) v. Jarkesy, a case that examines whether the court should choose to eliminate administrative law judges (ALJs) and apply the nondelegation doctrine. This case has far-reaching consequences as it implicates the authority of almost 2,000 ALJs working within the executive branch who preside over administrative hearings in a variety of federal agencies and adjudicate disputes between the agencies and affected parties. This program will describe the history of administrative courts, concerns about judicial independence, and the crisis at the immigration court identifying some of its causes. It will also discuss how the creation of independent courts under Article I of the Constitution would restore fairness and the rule of law.
The U.S. immigration court system has been in an ongoing struggle to deliver timely and fair adjudications due to a substantial backlog of cases. Congress has held hearings highlighting that noncitizens in removal proceedings have no right to counsel at the government's expense resulting in law representation rates. This restricts access to a critical due process safeguard and undermines efficiency and fairness. Leaders in Congress, practitioners, judges, academics, and community stakeholders have argued that the best way to address the critical issues facing our immigration courts is to establish independent Article I immigration courts. Creating an independent immigration court would restore judicial independence, due process, and the rule of law in our immigration courts.
At the end of the program attendees will:
- Understand the contours of the crisis facing the administrative courts given the pending SEC v. Jarkesy case.
- Learn about the history of Article I courts.
- Learn solutions that have been proposed to restore due process and the rule of law in the courts.
- Learn what options were considered to address the crises and understand why an Article I Immigration Court is the best and enduring solution.
Product Details
Moderators
Sponsors
Thomson Reuters, Judicial Division
Product Code
JD2404PDPOLC
Duration
90
Publication Date
4/17/2024 12:00:00 AM
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