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Notes -
Some members might reject it anyway (e.g. Thomas), but it would hold sway with enough to stay law, I imagine.
The Constitution very much grants Congress the power to establish lower courts with special functions, and define the rules those courts operate under.
I suspect that even Thomas might accept an unambiguous law which clearly delineates that the review of Administrative Judge rulings should be based on assuming the are valid on their face, unless contradicted by superior law.
But under the very strictest separation of powers examination, perhaps Congress isn't allowed to give up that much control over the creation of law, without an Amendment?
I think given how much power Congress has already given up to the executive without issue, it'd be hard to argue against this one. Then again, the devil is in the details.
I think some justices think that what's already been done is unconstitutional (for example, giving rulemaking authority). Yes, this is radical.
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