ALLSTATES REFRACTORY CONTRACTORS v. JULIE SU

  • Supreme Court of the United States
  • Filed
  • Updated

Case Movement

Case Details

  • Case Status: Closed
  • Docket Number: 23-819
  • Category: Labor Relations

Issue

Whether Congress’s delegation of authority in the Occupational Safety and Health Act to write “reasonably necessary or appropriate” standards for a “safe” workplace violates Article I of the U.S. Constitution.

February 28, 2024

On February 28, 2024, the Restaurant Law Center and others filed an amici brief in support of the petition for certiorari explaining the importance of a strong nondelegation doctrine, which is a “fundamental, founding principle” of our Constitution. That doctrine has become a virtual dead letter. We argued that serious application of the doctrine is necessary to safeguard multiple aspects of the Framers’ constitutional design and urged the Court to grant certiorari.

July 2, 2024

Unfortunately, on July 2, 2024, the Court denied cert in this case. However, Gorsuch and Thomas would have granted certiorari, and Justice Thomas wrote a short opinion dissenting from its denial in this case. As Justice Thomas stated, this case was “an excellent vehicle” to reconsider the non-delegation doctrine.