(This opinion editorial was first published in The Hill on March 5, 2019.)
Administrative judges appear to be performing better than ever, in spite of huge increases in performance quotas. The Trump Justice Department implemented an annual “production quota” of 700 cases for immigration judges. The Social Security Administration requested its disability judges to increase their output by almost 20 percent over the past few years. And the Board of Veterans’ Appeals (BVA) increased its output by a whopping 62 percent in one year, deciding 52,661 cases in 2017 and 85,288 cases in 2018.
The Constitution demands that agencies decide cases accurately. And in spite of the production increase, the BVA reported an “accuracy rate” of 94 percent for 2018. (Continue reading this article on The Hill’s opinion page here.)
Daniel E. Ho is the William Benjamin Scott and Luna M. Scott Professor of Law, professor (by courtesy) of political science, and senior fellow at Stanford Institute for Economic Policy Research at Stanford University.
David Marcus is a professor of Law at UCLA School of Law, specializing in civil procedure and administrative law.