SCOTUS Blog·2 hours ago·Monday, November 9, 2026, 9:30 AM

Whose tradition, which history? Agency adjudication and Sun Valley Orchards

Over the past few decades, several features of the administrative state have been subject to heated constitutional challenge. One of them is agency adjudication: the practice of resolving disputes “in-house” within administrative agencies instead of addressing these disputes directly in a court. Of late, the Supreme Court has applied a “history-and-tradition” methodology to assess the constitutionality of agency adjudication.

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