No. 23-819

Allstates Refractory Contractors, LLC v. Julie A. Su, Acting Secretary of Labor, et al.

Lower Court: Sixth Circuit
Docketed: 2024-01-30
Status: Denied
Type: Paid
Amici (8)Relisted (5) Experienced Counsel
Tags: administrative-law article-i commerce-clause constitutional-limits delegation-of-authority delegation-of-power major-questions-doctrine osha statutory-interpretation workplace-safety
Latest Conference: 2024-07-01 (distributed 5 times)
Question Presented (from Petition)

Whether Congress's delegation of authority to write "reasonably necessary or appropriate" workplace-safety standards violates Article I of the U.S. Constitution.

Question Presented (AI Summary)

Whether Congress's delegation of authority to write 'reasonably necessary or appropriate' workplace-safety standards violates Article I of the U.S. Constitution

Docket Entries

2024-07-02
Petition DENIED. Justice Gorsuch would grant the petition for a writ of certiorari. Justice Thomas, dissenting from the denial of certiorari. (Detached Opinion)
2024-06-28
DISTRIBUTED for Conference of 7/1/2024.
2024-06-17
DISTRIBUTED for Conference of 6/20/2024.
2024-06-11
Rescheduled.
2024-06-10
DISTRIBUTED for Conference of 6/13/2024.
2024-06-04
Rescheduled.
2024-06-03
DISTRIBUTED for Conference of 6/6/2024.
2024-05-29
Rescheduled.
2024-05-14
DISTRIBUTED for Conference of 5/30/2024.
2024-05-10
Reply of petitioner Allstates Refractory Contractors, LLC filed. (Distributed)
2024-05-01
Brief of respondents Julie A. Su, Acting Secretary of Labor, et al. in opposition filed.
2024-04-01
Motion to extend the time to file a response is granted and the time is further extended to and including May 1, 2024.
2024-03-29
Motion to extend the time to file a response from April 1, 2024 to May 1, 2024, submitted to The Clerk.
2024-02-29
Brief amici curiae of The Buckeye Institute and the Manhattan Institute filed.
2024-02-29
2024-02-29
2024-02-29
Brief amici curiae of West Virginia, 22 Other States, and the Arizona Legislature filed.
2024-02-29
2024-02-29
2024-02-28
2024-02-23
2024-02-06
Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2024.
2024-02-05
Motion to extend the time to file a response from February 29, 2024 to April 1, 2024, submitted to The Clerk.
2024-01-26
Petition for a writ of certiorari filed. (Response due February 29, 2024)

Attorneys

Allstates Refractory Contractors, LLC
Brett A. ShumateJones Day, Petitioner
American Farm Bureau Federation, National Association of Home Builders, National Federation of Independent Business Small Business Legal Center, Inc., Restaurant Law Center
Timothy S. BishopMayer Brown, LLP, Amicus
Americans for Prosperity Foundation
Michael David PepsonAmericans for Prosperity Foundation, Amicus
Cato Institute
Anastasia Paulinna BodenCato Institute, Amicus
Julie A. Su, et al.
Elizabeth B. Prelogar — Respondent
New Civil Liberties Alliance
Sheng Tao LiNew Civil Liberties Alliance, Amicus
Pacific Legal Foundation
Luke Anthony WakePacific Legal Foundation, Amicus
Southeastern Legal Foundation
Thomas Ryan McCarthyConsovoy McCarthy PLLC, Amicus
State of West Virginia, 22 Other States, and the Arizona Legislature
Michael Ray WilliamsOffice of the West Virginia Attorney General, Amicus
Lindsay Sara SeeOffice of the West Virginia Attorney General, Amicus
The Buckeye Institute and the Manhattan Institute
David Christian TryonThe Buckeye Institute, Amicus