Supreme Court of the United States · Official docket →
Department of Labor, et al. v. Sun Valley Orchards, LLC
Paid petition · United States Court of Appeals for the Third Circuit, No. 23-2608 · judgment July 29, 2025
Before the decision, about 5.4× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Third Circuit decision below, and down for a business respondent.
Question presented
The H-2A visa program grants U.S. employers the privilege of "import[ing]" foreign aliens into the United States for temporary agricultural work under special visas. 8 U.S.C. 1188(a)(1). As a condition of granting petitions to import foreign workers, federal law requires an employer to agree to comply with statutory and regulatory requirements governing workers' living and working conditions. Congress has authorized the Secretary of Labor to impose monetary remedies to assure employer compliance with those "terms and conditions." 8 U.S.C. 1188(g)(2). The question presented is: Whether Article III of the Constitution precludes Congress from assigning to the Secretary of Labor the initial adjudication of proceedings to collect monetary remedies from employers who violate the terms and conditions of participating in the H-2A visa program. THE PETITION FOR A WRIT OF CERTIORARI IS GRANTED LIMITED TO THE FOLLOWING QUESTIONS: 1) WHETHER ARTICLE III OF THE CONSTITUTION PRECLUDES THE DEPARTMENT OF LABOR FROM ADJUDICATING PROCEEDINGS TO COLLECT MONETARY REMEDIES FROM EMPLOYERS WHO HAVE ALLEGEDLY VIOLATED THE TERMS AND CONDITIONS OF EMPLOYMENT OF H-2A WORKERS AND DOMESTIC WORKERS IN CORRESPONDING EMPLOYMENT. 2) WHETHER 8 U. S. C. §1188(g)(2) AUTHORIZES THE DEPARTMENT OF LABOR TO ADJUDICATE PROCEEDINGS TO COLLECT MONETARY REMEDIES FROM EMPLOYERS WHO HAVE ALLEGEDLY VIOLATED THE TERMS AND CONDITIONS OF EMPLOYMENT OF H-2A WORKERS AND DOMESTIC WORKERS IN CORRESPONDING EMPLOYMENT.
Counsel of record
For petitioner
D. John Sauer
Solicitor General
For respondent
Robert Everett Johnson
Institute for Justice
Case
Conference history
Distributed for 2 conferences
Amicus briefs
19 merits
(7 supporting pet./neither, 12 respondent)
Linked docket
25A741
Proceedings
- Sep 01 2026Record received electronically from the United States Court of Appeals for the Third Circuit and available with the Clerk.
- Aug 27 2026CIRCULATED
- Aug 26 2026Reply of petitioners Department of Labor, et al. filed. (Distributed)
- Aug 25 2026Record requested from the United States Court of Appeals for the Third Circuit.
- Aug 11 2026SET FOR ARGUMENT on Tuesday, November 10, 2026.
- Aug 03 2026Brief amicus curiae of National Federation of Independent Business Small Business Legal Center, Inc. filed.
- Aug 03 2026Brief amicus curiae of Altria Group, Inc. filed.
- Aug 03 2026Brief amicus curiae of Washington Legal Foundation filed.
- Aug 03 2026Brief amicus curiae of Pacific Legal Foundation filed.
- Aug 03 2026Brief amicus curiae of Atlantic Legal Foundation filed.
- Aug 03 2026Brief amicus curiae of Former Department of Labor Officials filed.
- Aug 03 2026Brief amici curiae of Former U.S. Attorney General Edwin Meese III, et al. filed.
- Aug 03 2026Brief amici curiae of New Civil Liberties Alliance, et al. filed.
- Aug 03 2026Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
- Aug 03 2026Brief amicus curiae of Texas Public Policy Foundation filed.
- Aug 03 2026Brief amicus curiae of Cato Institute filed.
- Jul 31 2026Brief amici curiae of Southeastern Legal Foundation, et al. filed.
- Jul 27 2026Brief of respondent Sun Valley Orchards filed.
- Jul 13 2026Brief amicus curiae of Professor Ilan Wurman filed.
- Jun 25 2026Brief amici curiae of Public Citizen, et al. filed.
- Jun 25 2026Brief amicus curiae of Constitutional Accountability Center filed.
- Jun 25 2026Brief amicus curiae of Federation for American Immigration Reform filed.
- Jun 25 2026Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed.
- Jun 25 2026Brief amici curiae of National Lawyers Guild, et al. filed.
- Jun 24 2026Brief amicus curiae of Adminstrative and Constitutional Law Professors filed.
- Jun 18 2026Brief of petitioners Department of Labor, et al. filed.
- May 26 2026Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
- May 15 2026Motion to extend the time to file the briefs on the merits granted. The time to file petitioners' brief on the merits is extended to and including June 18, 2026. The time to file respondent's brief on the merits is extended to and including July 27, 2026.
- May 11 2026Motion for an extension of time to file the briefs on the merits filed.
- May 11 2026Motion to dispense with printing the joint appendix filed by petitioner Department of Labor and Lori Chavez-DeRemer, Secretary of Labor.
- Apr 27 2026Petition GRANTED limited to the following questions: 1) Whether Article III of the Constitution precludes the Department of Labor from adjudicating proceedings to collect monetary remedies from employers who have allegedly violated the terms and conditions of employment of H-2A workers and domestic workers in corresponding employment. 2) Whether 8 U. S. C. §1188(g)(2) authorizes the Department of Labor to adjudicate proceedings to collect monetary remedies from employers who have allegedly violated the terms and conditions of employment of H-2A workers and domestic workers in corresponding employment.
- Apr 20 2026DISTRIBUTED for Conference of 4/24/2026.
- Apr 01 2026DISTRIBUTED for Conference of 4/17/2026.
- Mar 31 2026Reply of petitioners Department of Labor, et al. filed. (Distributed)
- Mar 16 2026Brief of respondent Sun Valley Orchards, LLC in opposition filed.
- Feb 12 2026Petition for a writ of certiorari filed. (Response due March 19, 2026)
- Dec 23 2025Application (25A741) to extend the time to file a petition for a writ of certiorari from January 13, 2026 to February 12, 2026, submitted to Justice Alito.
- Dec 23 2025Application (25A741) granted by Justice Alito extending the time to file until February 12, 2026.