Justice Clarence Thomas wants Supreme Court to target ‘far-reaching’ workplace safety laws
The Supreme Court will not hear a lawsuit against a key federal agency responsible for workplace safety, which conservative Justice Clarence Thomas sharply criticized as having “broad-reaching” authority that threatens Americans’ constitutional rights.
On Tuesday, Supreme Court justices declined to hear a case challenging the constitutionality of the Occupational Safety and Health Administration, an argument supported by right-wing lawyers groups and 23 Republican state attorneys general.
The plaintiffs had hoped to find a sympathetic court following two previous major rulings that deprived regulators and the government of the ability to prosecute lawbreakers.
Only Justices Thomas and Neil Gorsuch wanted to hear the case.
“Congress intended to give an administrative agency the authority to enforce any workplace safety standards it deems ‘appropriate,'” Thomas wrote in his dissenting opinion.
“This power extends to virtually every company in the United States,” he added. “The agency claims the authority to regulate everything from the design of a lawn mower to the level of ‘contact between trainers and whales at SeaWorld.'”
The case stems from a fine imposed by OSHA on a construction contractor in Ohio after a worker was injured by a broken walkway on a construction site.
The company then sued President Joe Biden’s administration, claiming that the agency’s ability to set “reasonably necessary or appropriate” safety standards violates Congress’s constitutional lawmaking authority.
An appeals court rejected that argument and the company appealed to the Supreme Court.
“The Occupational Safety and Health Act is perhaps the most comprehensive transfer of power to an administrative agency in the United States Code,” Thomas wrote.
“If this broad authorization does not mean that an agency is improperly given legislative powers, it is difficult to imagine what would happen,” he added.
The court’s dismissal of the case came the same day that the Biden administration announced comprehensive OSHA protections for workers against heat, the first major actions to prevent heat-related workplace deaths.
