9th Circuit Rejects Constitutional Challenge to Labor Department's ALJ Removal Protections

The U.S. 9th Circuit Court of Appeals denied a challenge to the constitutionality of the removal protections for a Department of Labor administrative law judge who awarded compensation to a coal miner under the Black Lung Benefits Act. Case: Decker Coal Co. v. Pehringer, No. 20-71449, 08/16/2021, published.  Facts: Jerry Pehringer worked for the Decker Coal Co. at a mine in Montana from 1977 until 1999. Pehringer was regularly exposed to coal dust, so much so that he would leave a blanket on his car seats, undress in his basement and shake off his dirty clothes outside his home be...