Amicus Briefs
Allstates Refractory Contractors LLC v. Su
CASE SUMMARY
NCLA filed amicus curiae briefs challenging the constitutionality of the Occupational Safety and Health (OSH) Act of 1970. NCLA argues the OSH Act unlawfully transfers lawmaking power—specifically, the legislative power to promulgate permanent “safety standards”—by authorizing the Secretary of Labor to promulgate, modify, or revoke any occupational safety standard he deems “reasonably necessary or appropriate.”
Congress may not divest legislative power that Article I of the Constitution vests in it, even to an executive agency like the Occupational Safety and Health Administration (OSHA). The OSH Act’s criteria for safety standards is so open-ended that it delegates unchecked legislative authority to the Executive Branch to enact workplace safety laws. Such unfettered discretion to issue safety standards under Section 6(b) of the OSH Act is unconstitutional.
In July 2024, the U.S. Supreme Court denied a petition for a writ of certiorari in Allstates Refractory Contractors LLC v. Su.
OUR TEAM
RELEVANT MATERIALS
NCLA FILINGS
Brief of the New Civil Liberties Alliance as Amicus Curiae in Support of Petitioner
February 29, 2024 | Read More
Order of the U.S. Court of Appeals for the Sixth Circuit
December 20, 2023 | Read More
Brief of the New Civil Liberties Alliance As Amicus Curiae in Support of Rehearing en Banc
October 13, 2023 | Read More
Opinion of the U.S. Court of Appeals for the Sixth Circuit
August 23, 2023 | Read More
Amicus Curiae Brief of the New Civil Liberties Alliance in Support of Plaintiff-Appellant
November 15, 2022 | Read More