Supreme Court Raises Bar For ALJs But Appears To Back OSHA Practice

The Supreme Court has adopted a new, stringent standard for regulatory agencies to justify sending enforcement actions to administrative law judges (ALJs) for review rather than federal courts, but the majority appears to hold up the OSH Act as an example of a law that passes its test, signaling that OSHA could avoid major impacts from the precedent. The justices’ June 27 decision in Jarkesy v. Securities and Exchange Commission (SEC) , holds that the agency violated the Seventh Amendment...