On April 27, 2026, the U.S. Supreme Court granted certiorari to review the decision of the 3rd Circuit in Sun Valley Orchards v. US Department of Labor. The Court granted review to consider whether Article III of the Constitution precludes the Department of Labor’s (DOL) administrative-enforcement role, namely in collecting monetary remedies from employers who have violated the terms and conditions of employment of H-2A workers and domestic workers. NELA joined National Lawyers Guild, National Legal Aid & Defender Association, California Rural Legal Assistance Foundation, Northwest Workers’ Justice Project and Justice in Motion in filing an amicus brief in support of the Department of Labor. The academic brief examines the application of the public-rights doctrine to DOL’s enforcement actions, arguing that they are the kind of matter “traditionally reserved to the legislative and executive powers” and thus do not fall under the auspices of Article III.
NELA is grateful to Eirik Cheverud, Albany Law School (NY) for drafting the brief.
