Sign Up

NCLA Site Search

Amicus Briefs

BST Holdings v. Occupational Safety and Health Administration

CASE SUMMARY

The Emergency Temporary Standard (ETS) issued by the Occupational Safety and Health Administration (OSHA) on November 5, 2021, ordered employers with 100 or more employees to either implement a mandatory COVID-19 vaccination policy or force employees to present a weekly negative COVID-19 test. The ETS was unprecedently broad, invasive, and an unconstitutional exercise of legislative power vested in Congress.

OSHA’s ETS was expected to force 84 million employees nationwide—over half the U.S. workforce—to either take a novel vaccine against an infectious disease, navigate weekly costly testing, or forfeit their jobs. Nothing in the Occupational Safety and Health Act, however, suggests that OSHA had authority to issue the ETS, which stands completely outside of OSHA’s expertise in work-related health and safety. Congress would first have had to explicitly and specifically authorize OSHA to issue such a mandate, an actions it did not take.

OUR TEAM

Mark Chenoweth
President and Chief Legal Officer
Sheng Li
Litigation Counsel
John J. Vecchione
Senior Litigation Counsel

RELEVANT MATERIALS

NCLA FILINGS

Brief Amicus Curiae of the New Civil Liberties Alliance in Opposition to Respondents’ Motion to Dissolve Stay

December 7, 2023 | Read More

Opinion of the U.S. Court of Appeals for the Fifth Circuit

November 12, 2022 | Read More

Brief Amicus Curiae of the New Civil Liberties Alliance in Opposition to Respondents’ Motion to Dissolve Stay

December 7, 2021 | Read More

PRESS RELEASES

Biden Withdraws OSHA Vaccine Mandate After SCOTUS Stays Rule, Refuses to Infer Legal Authority

January 25, 2022 | Read More

NCLA Amicus Brief Challenges OSHA’s Vaccinate-or-Test Requirement for Private Employees

December 7, 2021 | Read More

NCLA Amicus Brief Explains Why OSHA’s Employer Vaccine Mandate Violates Nondelegation Doctrine

November 9, 2021 | Read More

RELATED CASES
  • Adir International v. Starr Indemnity and Liability Company

    Due Process Violations

    The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.

    Case Closed -

    Agencies: California

    View Case
  • American Home Furnishings Alliance, et al. v. U.S. Consumer Product Safety Commission

    Due Process Violations

    The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.

    Scope of Authority / Nondelegation

    The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.

    Case Closed - June 30, 2023

    Agencies: Consumer Product Safety Commission

    View Case
  • American Honda Motor Co., Inc. v. Walther, Dir., and Arkansas Department of Finance and Administration

    Judicial Deference

    Deference doctrines require judges to defer to an administrative agency’s fact finding, or its interpretation of statutes and regulations. Thus, judges surrender their independent judgment and, where the government is a party, must exhibit systematic bias in the government’s favor, which denies due process of law to the other litigant.

    Due Process Violations

    The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.

    Case Closed -

    Agencies: Arkansas Department of Finance and Administration

    View Case
  • American Hospital Association, et al. v. Xavier Becerra, et al.

    Judicial Deference

    Deference doctrines require judges to defer to an administrative agency’s fact finding, or its interpretation of statutes and regulations. Thus, judges surrender their independent judgment and, where the government is a party, must exhibit systematic bias in the government’s favor, which denies due process of law to the other litigant.

    Due Process Violations

    The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.

    Scope of Authority / Nondelegation

    The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.

    Case Closed - June 15, 2022

    Agencies: Department of Health and Human Services

    View Case
  • American Securities Association and Citadel Securities LLC v. United States Securities and Exchange Commission

    Due Process Violations

    The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.

    Scope of Authority / Nondelegation

    The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.

    Administrative Speech Controls

    The Administrative State tries to squelch speech, especially through licensing, speech bans, and speech mandates. Licensing requires one to get the government’s permission prior to speaking. Nothing was more clearly forbidden by the First Amendment than prior restraints on speech, but such controls are now commonplace.

    Unreasonable Searches

    The Fourth Amendment forbids warrantless searches and seizures of information, yet the Administrative State violates this right to privacy through administrative subpoenas and warrants, automated information collection devices, civil investigative demands, and “voluntary” requests for information.

    Conditions on Spending

    Administrative agencies use unconstitutional conditions on spending to regulate the conduct of grantees. Rather than rule through law, the government simply purchases submission.

    Case Active - February 15, 2024

    Agencies: Securities and Exchange Commission

    View Case
  • AMG Capital Management, LLC v. FTC and FTC v. Credit Bureau Center, LLC

    Due Process Violations

    The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.

    Scope of Authority / Nondelegation

    The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.

    Case Closed -

    Agencies: Federal Trade Commission

    View Case

SHARE THIS CASE

Enter your email address above to be notified whenever we post a new document to this case.