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Congress created the Consumer Algorithm Commission. The statute provides that the Commission will be led by a single Director appointed by the Speaker of the House for a five-year term, removable by the President only for inefficiency, neglect of duty, or malfeasance. The Director may issue binding rules and bring civil enforcement actions in federal court. The statute also creates administrative law judges who conduct adversarial hearings, issue initial decisions, and impose penalties unless the Director reviews them. The Director appoints those judges. Finally, the Commission hires analysts who collect data and make nonbinding recommendations to the Director.
A regulated company challenges the Director's appointment, the Director's removal protection, and the administrative law judges' authority. The Commission argues that Congress may design independent agencies to protect expert decisionmaking.
Analyze the Appointments Clause and removal issues.