Over opposition from two conservative justices, the Supreme Court on Tuesday turned away a challenge that could’ve gutted the Occupational Safety and Health Administration (OSHA).
An Ohio-based construction contractor backed by Republican-led states and anti-regulatory interests contended Congress unconstitutionally delegated its legislative powers to the executive branch when it gave such broad authority to the agency, which sets and enforces workplace standards.
In a brief order, the court declined to take up the contractor’s appeal after a lower court rejected the challenge. Conservative Justices Clarence Thomas and Neil Gorsuch publicly indicated they would’ve taken up the case, but at least four votes were needed.
Gorsuch did not provide an explanation, but Thomas did, arguing the OSHA challenge presented an “excellent vehicle” to tackle the weighty constitutional issue.
“The question whether the Occupational Health and Safety Administration’s broad authority is consistent with our constitutional structure is undeniably important,” Thomas wrote.
He noted that other conservatives on the Supreme Court — Chief Justice John Roberts and Justices Samuel Alito and Brett Kavanaugh — have over the years expressed an interest in “reconsidering this Court’s approach” to Congress’s delegations of power to federal agencies.
