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Court Enjoins OCAHO: Walmart v. King

March 26, 2024 (1 min read)

Walmart v. King

"The current statutory scheme unconstitutionally "subverts the President's ability to ensure that the laws are faithfully executed - as well as the public's ability to pass judgment on his efforts." Id. at 498. It is therefore "incompatible with the Constitution's separation of powers" and cannot stand. Id. Congress cannot force parties, such as Plaintiff, to have their legal rights adjudicated by inferior officers that carry out the President's executive power without oversight. Thus, the Court GRANTS summary judgment to Plaintiff and finds the DOJ's OCAHO ALJs are unconstitutionally doubly insulated from removal by the President. Defendants' cross-motion for summary judgment is therefore DENIED. ... [T]he Court finds Defendants are PERMANENTLY ENJOINED from directly or indirectly continuing the Underlying ALJ Proceedings conducted by the DOJ's OCAHO to determine whether to impose civil penalties against Walmart for alleged violations of immigration-related recordkeeping requirements."