Clarence Thomas Eyes OSHA for Potential Elimination

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Justice Clarence Thomas of the Supreme Court has expressed his belief that the Occupational Safety and Health Administration (OSHA) could violate the U.S. Constitution.

Thomas voiced his dissent following the court’s decision not to review a case that questioned OSHA’s legality, which oversees and mandates workplace health and safety standards. He finds himself at odds with other members of the Supreme Court, holding a particularly conservative stance not only on this matter but also on other landmark decisions, including those regarding marriage equality.

On a recent Tuesday, the Supreme Court outlined its agenda, turning away numerous cases, including one challenging OSHA. Justice Thomas, known for his conservative viewpoints on the predominantly right-leaning court, expressed his dissatisfaction with this decision. In his dissent, he outlined his reasoning, arguing that the authority vested in OSHA by Congress in 1970 unlawfully delegated legislative powers to an executive agency, covering a broad spectrum of businesses across the nation.

The case that sparked this debate, brought forth by Allstates Refractory Contractors of Ohio, had backing from conservative business factions and Republican legal officers. They argued that OSHA’s expansive reach into workplace safety standards was a constitutional overstep.

Despite their efforts, the U.S. Court of Appeals for the 6th Circuit maintained OSHA’s constitutionality earlier in 2023, restricting its scope to workplace safety alone.

Nevertheless, Justice Thomas maintained that OSHA’s regulatory powers were excessively broad, citing their claims to regulate diverse aspects from machinery safety to trainer interactions with animals at theme parks. He suggests that such broad authority should be considered unconstitutional, drawing parallels to hypothetical unlimited powers that could be given to other agencies, such as the IRS in tax matters.

Thomas’s bold stance reflects his history of advocating for a reevaluation of other significant Supreme Court rulings, including those protecting the right to contraception, same-sex relationships, and marriage equality, particularly highlighted when he suggested the Court reconsider these matters following the overturning of Roe v. Wade in 2022.


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