Supreme Court Justice Clarence Thomas has recently voiced his opinion that the Occupational Safety and Health Administration (OSHA) may be unconstitutional. This dissent came after the Supreme Court declined to hear a case challenging OSHA’s authority. Thomas, known for his conservative stance, expressed his dissatisfaction with the court’s decision not to take up the case, arguing that OSHA’s power is too extensive and infringes on constitutional principles.
The case in question, Allstates Refractory Contractors v. Julie A. Su, Acting Secretary of Labor, was backed by conservative business groups and Republican attorneys general. The plaintiffs, general contractors from Ohio, argued that Congress overstepped its bounds by delegating legislative power to an external agency when it established OSHA in 1970. Thomas contended that Congress gave OSHA the authority to impose any workplace safety standards it deemed “appropriate,” a power that extends to nearly every business in the United States.
The federal US Court of Appeals for the 6th Circuit upheld OSHA’s constitutionality in 2023, stating that the agency’s authority is valid because it is limited to workplace safety. However, Thomas believes that even this limited scope grants the agency too much power. He cited examples such as OSHA’s regulation of power lawnmower designs and the level of contact between trainers and whales at SeaWorld to illustrate his point.
Thomas argued that if OSHA’s delegation of power is not unconstitutional, it is difficult to imagine what would be. He compared it to Congress giving the Internal Revenue Service the authority to impose any tax it deemed “appropriate.” This isn’t the first time Thomas has taken a more extreme conservative stance than his fellow justices. In 2022, when the Supreme Court overturned Roe v. Wade, Thomas suggested that the court should also reconsider its decisions on contraception access, same-sex relationships, and same-sex marriages.
The Supreme Court’s decision not to hear the OSHA case came on the same day the Biden administration announced new OSHA protections for workers against heat, marking the first major regulations aimed at preventing heat-related deaths on the job. This timing has added fuel to the fire for those who believe Thomas is targeting an agency that exists to protect workers.
Thomas’ opinion has sparked significant backlash on social media. Critics argue that eliminating OSHA would endanger workers’ lives and undermine the federal government’s regulatory power. Representative Morgan McGarvey, a Democrat from Kentucky, tweeted that the Supreme Court’s conservative justices are not hiding their intentions to undermine federal regulatory power and eliminate OSHA. Actor Douglas Griffin also criticized Thomas, stating that OSHA regulations save countless lives every day and that Thomas is detached from the realities of hard work.
One social media user pointed out that eliminating OSHA would result in job losses for safety managers and increase worker deaths and injuries. Another user expressed concern that Thomas’ desire to hear the case indicates the high stakes involved and the need to vote for candidates who support worker protections.
Thomas’ dissenting opinion came at the end of a term where the Supreme Court’s conservative majority issued several significant rulings. Recently, the court ruled that former presidents have broad immunity from prosecution, a decision that likely means former President Donald Trump won’t stand trial in his federal election interference case before the November election. Additionally, the court’s conservative justices overturned the 1984 decision in Chevron v. Natural Resources Defense Council, which had instructed judges to defer to government agencies in interpreting ambiguous laws.
Thomas has faced criticism for failing to report luxury trips paid for by Republican megadonor Harlan Crow and others over many years. The court adopted its first code of conduct in November last year after facing pressure over undisclosed gifts and trips and other scandals. However, the policy was immediately met with criticism because it lacks a means of enforcement.
Thomas’ absence from the bench on Monday, with no reason given, has also raised eyebrows. Chief Justice John Roberts noted Thomas’ absence at the beginning of the arguments but did not offer an explanation. A court spokeswoman did not provide additional information, and the court often gives a reason for a justice’s absence, including illness.
The case before the court on Monday concerned a challenge to the scope of a federal anti-bribery law involving James Snyder, the former mayor of Portage, Indiana, who is appealing his conviction. Thomas previously missed arguments in March 2022 when he was hospitalized with flu-like symptoms and diagnosed with an infection.
As the debate over OSHA’s authority continues, Thomas’ dissent highlights the ongoing tension between conservative and liberal views on the role of federal agencies in regulating workplace safety and other areas. The outcome of this debate could have significant implications for workers’ rights and the federal government’s ability to enforce safety standards.
Source: USA Today, Reuters, Newsweek
