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Amicus Briefs

Allstates Refractory Contractors LLC v. Su

NCLA filed amicus curiae briefs in Allstates Refractory Contractors LLC v. Su, et al., 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.

Mark Chenoweth
President and Chief Legal Officer
Sheng Li
Litigation Counsel
Andrew Morris
Senior Litigation Counsel
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

PRESS RELEASES

NCLA Brief Asks High Court to Restore Law Forbidding Congress from Divesting Legislative Power

March 1, 2024 | Read More

NCLA Amicus Brief Calls on Sixth Circuit to Restore Congress’ Power to Set Safety Standards

November 15, 2022 | Read More

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