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The DOJ admitted the DEA’s ALJ protections are unconstitutional, risking thousands of past rulings.
The DEA’s internal tribunal system has collapsed after the DOJ conceded in September 2025 that protections for Administrative Law Judges violate the Constitution, following Supreme Court rulings in Axon and Jarkesy.
This reversal, stemming from a lawsuit by MMJ BioPharma over a seven-year delay in approving its cannabis cultivation license, undermines decades of federal agency decisions.
The DOJ’s decision to abandon defense of the ALJ removal restrictions could invalidate thousands of past rulings across agencies like the SEC and FTC.
The case also raised concerns about ethics within the DEA’s legal division, including issues involving attorney Aarathi Haig’s eligibility for bar certification.
The outcome may trigger sweeping reforms in federal administrative law and regulatory oversight.
El Departamento de Justicia admitió que las protecciones de ALJ de la DEA son inconstitucionales, arriesgando miles de decisiones pasadas.