Justices Decline ‘Nondelegation’ Challenge To OSHA Standard-Setting Power

The Supreme Court will not take up an employer’s suit that claimed OSH Act provisions giving OSHA authority to craft long-term safety standards as “appropriate” are unconstitutional, denying a bid to drastically expand the “nondelegation” doctrine limiting Congress’ ability to grant agencies rulemaking discretion. However, the rejection comes over a dissent from Justice Clarence Thomas saying the current standard is much too lenient, signaling that he could push to take up a similar challenge in the future. Among the high...