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Supreme Court declines to hear a case that could have destroyed OSHA

qz.com 2 days ago

Both Justices Clarence Thomas and Neil Gorsuch were in favor of hearing the case

Photo: Bloomberg Creative (Getty Images)

The Supreme Court on Tuesday declined to hear a case next term that had the potential to decimate the Occupational Safety and Health Administration (OSHA).

Justices Clarence Thomas and Neil Gorsuch both wanted the case from an Ohio construction contractor with GOP backers to be heard but were overruled, USA Today reported.

The challengers hoped the conservative-majority court would be open to their case given its record of ruling against executive-branch regulatory agencies.

The case could have determined whether OSHA constitutionally had the power to set workplace safety rules, which some expected the court to take on after it struck down the Chevron deference last week. That case gave federal agencies the ability to decide the best way to interpret and apply laws.

The plaintiff in this case, Allstates Refractory Contractors, had hired former President Donald Trump’s White House counsel Don McGahn as their lawyer and was supported by more than 20 Republican Attorneys General.

OSHA ruled against Allstates in 2019 after one of its workers was injured and levied a $5,967 fine against the company, USA Today said. Allstates then sued, saying Congress unconstitutionally bestowed OSHA the ability to set rules for businesses in the US.

Thomas said the lawsuit was an “excellent vehicle” for a case on OSHA, which previously survived two court challenges.

“The question whether the Occupational Health and Safety Administration’s broad authority is consistent with our constitutional structure is undeniably important,” he wrote, according to The Hill.

“The Occupational Safety and Health Act may be the broadest delegation of power to an administrative agency found in the United States Code,” Thomas continued. “If this far-reaching grant of authority does not impermissibly confer legislative power on an agency, it is hard to imagine what would.”

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