AUSTIN – Today, the Texas Public Policy Foundation (TPPF) filed an amicus brief with the U.S. Supreme Court in Department of Labor v. Sun Valley Orchards, LLC, urging the Justices to affirm that federal administrative agencies cannot bypass real, constitutional courts to fine private employers.
At the center of the dispute is whether the U.S. Department of Labor (DOL) can use internal administrative judges who are employees of DOL to penalize employers for alleged agricultural guest worker (H-2A) regulatory violations, or whether such fines must be handled by independent federal judges.
The case stems from an enforcement action where the DOL wrote regulations, prosecuted a family-owned farming business, and then assessed civil fines using its own internal, executive-branch administrative law judge—acting as lawmaker, prosecutor, and judge all at once.
TPPF’s brief calls on the Supreme Court to reaffirm that the “public rights exception” is fixed by historical principles and cannot be endlessly expanded by federal bureaucracies seeking to bypass Article III courts.
“When federal agencies violate the Constitution, as DOL has done here, we will hold their feet to the fire. Our amicus brief in the Supreme Court explains why the Executive Branch was not designed by the Founders to enforce the very regulations that it writes. Separation of Powers is at issue,” said TPPF Senior Attorney Ted Hadzi-Antich.
TPPF Attorney Eric Heigis added: “When the government seeks to punish citizens, the Constitution guarantees an independent judge will hear the case. But far too often these cases get decided by agency employees with the title ‘judge.’ This case will reaffirm the judiciary’s important role as an independent arbiter between citizens and the government.”