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Clarence Thomas takes aim at a new target: Eliminating OSHA

Supreme Court Justice Clarence Thomas has set his sights on eliminating the Occupational Safety and Health Administration.

The Supreme Court on Tuesday announced which cases it would consider next and which it wouldn’t. Among those the court rejected was a case that challenged the authority of OSHA, which sets and enforces standards for health and safety in the workplace.

And Thomas, widely considered to be the most conservative justice on the already mostly conservative court, wasn’t happy.

In a dissent, he explained why he believed the high court should’ve taken the case: OSHA’s power, he argues, is unconstitutional.

HobbitFoot ,

So, as a dumb question, what would it take for all rule-making bodies to be under the legislative branch instead of the executive branch? Do you devolve the responsibility to one house only? Do you require elected officials on these committees or can you devolve these tasks to a legislative controlled body?

SkyezOpen ,

Killing chevron was the biggest step already. Now corpos just have to chip away with lawsuits.

HobbitFoot ,

I understand that. I’m just wondering if you can push these rulemaking bodies to the legislative branch and what it would look like.

SkyezOpen ,

Oh the bodies themselves. Uhh, I think congress could hypothetically empower them because it’s their laws being interpreted, but Republicans won’t go for it.

FireTower ,
@FireTower@lemmy.world avatar

TLDR: It may be unconstitutional in his opinion because of the Non Delegation Doctrine stemming from:

All legislative Powers herein granted shall be vested in a Congress…

Basically Congress can’t just go and let the Executive branch do their job. The Executive can’t make new laws only enforce the existing ones.

en.m.wikipedia.org/wiki/Nondelegation_doctrine

FlyingSquid ,
@FlyingSquid@lemmy.world avatar

Is he sure he wants that if Trump gets into power?

FireTower ,
@FireTower@lemmy.world avatar

He’s been writing about it long before 2016 so I’d imagine so.

FlyingSquid ,
@FlyingSquid@lemmy.world avatar

Yeah, but that was before Project 2025.

DudeImMacGyver ,
@DudeImMacGyver@sh.itjust.works avatar

You think he cares?

FlyingSquid ,
@FlyingSquid@lemmy.world avatar

He usually cares about what the people who bribe him want and they want Project 2025.

notfromhere ,

The two party system has resulted in grid lock on anything pf actual value like codifying in law the things the SCOTUS has been rolling back. We’ve rested on our laurels for it to all be undone.

OldWoodFrame ,

We do have a problem with executive power creep so like there’s a world where I’m on board for non-delegation but there just is a reality that some questions are too small, detailed, and nuanced to expect a new bill out of Congress each time.

So like setting new tariffs, should be a congressional action and it was improperly delegated. Determining whether a new ladder is safe for workers, can be delegated.

Theharpyeagle ,

This is my rub with Clarence in general. On paper I agree with a very hardline reading of the constitution cause what else is it there for. We’re far too allergic to making constitutional amendments and laws and have built up a house of cards that gets toppled every time the administration changes.

However, practically speaking, there’s too many actual lives depending on supreme court decisions and delegated regulations to wait for congress to do something about it (if they aren’t stalled outright by lobbying and party opposition). If the overturning of such decisions is meant to light a fire under the ass of the legislative branch, it operates much too slowly to protect the vulnerable people who suffer in the interim. Delegation is the only reason we have a (relatively) safe and clean place to live.

Tire ,

There needs to be a statute of limitations on how long the Supreme Court can reverse things. They can’t change things 40 years after the fact when entire agencies have been built and society has restructured around the previous ruling.

FireTower ,
@FireTower@lemmy.world avatar

The problem with that is Korematsu v. US was decided in 1944 and is technically still the law as no subsequent cases have come up to overturn it.

Natanael ,

Like I said elsewhere, just make congress review use of delegated authority regularly and rubberstamp it if the agency is acting reasonably, otherwise they just give new directives wherever they deem fit.

They might even let agencies notify select members of congress when changing any notable rules so they can decide if they want to call a legislative session or just OK it.

That respects the division of powers in the constitution while still letting regulatory agencies do their jobs

slrpnk.net/comment/9618565

Theharpyeagle , (edited )

The problem is that congress doesn’t do anything quickly (unless it’s giving themselves a raise). That’s the whole reason delegation was needed, because they’re so slow to actually pass specific laws. Previously, the rule was that any ambiguity in the law could be interpreted as needed by the relevant agency. That way the law can be “companies need to ensure a certain level of safety for workers” and OSHA with their panel of experts can figure out the details of what precautions are needed where. Even if a rubber stamp is all that would be needed, they have a huge backlog of regulations to get through and a lot of companies that will fight tooth and nail to save a bit of money on safety equipment. If the SCOTUS takes such a case and rules against OSHA’s authority, you best believe there will be blood on their hands.

Natanael ,

That’s why I said only notable changes should need preemptive review (if any), everything else that’s standard procedure would just be documented and OK’d after

I agree it would have very bad consequences if the agency would get blocked entirely from acting

Theharpyeagle ,

That’s great for a future where we have all of this sorted out, but it doesn’t help in the interim. It’s not like corporations will sit patiently while congress gets this figured out, they’re going to test the authority of OSHA and flood the courts with lawsuits to argue over every particular, doing more or less whatever they want in the meantime. Frankly I don’t believe congress can rubber stamp anywhere quick enough to protect the policies we already have in place.

BananaOnionJuice ,

Ah crap I first read it as HOA and that would be positive at least.

neidu2 ,

Bezoz took him on holiday, probably

Diplomjodler3 ,

The solution to Amazon’s recruitment problems: slavery. Just chain the suckers to the warehouse and you don’t have to worry about them running away any more. And if one croaks from the heat, you won’t even have to bother covering the body any more.

ChaoticEntropy ,
@ChaoticEntropy@feddit.uk avatar

The corpse disposal robot will be along soon, don’t worry.

Diplomjodler3 ,

Your body will be repurposed as energy for the factory.

ChaoticEntropy ,
@ChaoticEntropy@feddit.uk avatar

Omnissiah be praised!

Diplomjodler3 ,

Now you mention it, maybe it would be more profitable to use the bodies as food. Gotta get someone to make a spreadsheet.

Bongo_Stryker ,

Every little while ( more frequently these days) i hear the voice of Anita Hill in my head.

freddydunningkruger ,

Clarence won’t stop until he’s been able to put one of his pubes on everyone’s soda can

FlyingSquid ,
@FlyingSquid@lemmy.world avatar

That’s why he wants to eliminate OSHA. They’d call it a health hazard.

thefartographer ,

Boy am I gonna miss being able to easily multiply by nine

Sir_Kevin ,
@Sir_Kevin@lemmy.dbzer0.com avatar

That took me a second LOL Well done!

schteph ,

I don’t get it. Can you explain please?

Hobbes_Dent ,

I think it’s about losing fingers and counting strategies.

OhStopYellingAtMe ,
@OhStopYellingAtMe@lemmy.world avatar

There’s a hand / finger trick to multiply by nine, but it only works if you have all 10 of your fingers. If OSHA is eliminated, workplace accidents which could result in finger / hand loss would increase.

state_electrician ,

Your link isn’t working, here’s another explanation: www.wikihow.com/Multiply-With-Your-Hands

It’s the first time I heard about this

ToucheGoodSir ,

Dude is really hitting the finding out line of “fuck around, find out”

lemmy_get_my_coat ,

Has there been any consequences for him for his actions?

Klear ,

He’s still fucking around and it’s doubtful he’ll leave that stage, what are you talking about?

Sir_Kevin ,
@Sir_Kevin@lemmy.dbzer0.com avatar

Amendment 2.

Sam_Bass ,

Eliminate him if you want a cleaner court

242 ,

Thomas just wants everyone to be as miserable as him. Fuck the workers! Make them feel the pain! The rest of the conservative zombies aren’t as addled as him though and realize they have to keep the facade of beneficial capitalism going until climate disasters kill us all. Then they’ll cancel OSHA.

uienia ,

Nah, he js just doing the bidding of his corporate masters. He couldnt give a flying fuck about ideology, he just likes the money they hand him for doing this.

AbidanYre ,

Yeah, but then there’s this.

businessinsider.com/clarence-thomas-told-clerks-h…

avidamoeba , (edited )
@avidamoeba@lemmy.ca avatar

The program for rolling back hard fought union victories is going full steam ahead.

I suppose the American worker could wake up to the reality that the protection against utter abuse for no pay didn’t just appear out of thin air and that only their fellow worker can be relied upon to stick for them.

ours ,

Ah, but the police force got much better and stronger since back in those days so good look going back to protesting to get those rights back,

Plus splitting people over insane conspiracies keeps them weak and easier to control so Americans are less likely to stick together and fight the real enemy: the billionaires.

jaybone ,

They will lay off middle class American workers, then bring in H1B visa workers to replace them at half the cost, then blame immigrants for taking their jobs. Then blame border security and terrorism.

el_bhm ,

That is the plan. Clarence Thomas is owned by billioners parasites that want a feudalism system in their corporations.

rayyy ,

I suppose the American worker could wake up to the reality that the protection against utter abuse for no pay didn’t just appear out of thin air

Are you kidding? The Budweiser and Marlboro crowd will be told it is the fault of some brown people so they will double down on their hate and donations to elect a dictator who will “solve” their problems

asteriskeverything ,

“The agency claims authority to regulate everything from a power lawnmower’s design,” he wrote, “to the level of ‘contact between trainers and whales at SeaWorld.’”

I fail to see anything wrong with either thing like… is he just mad it is not the people who sell lawn mowers should decide what’s safe?? Please please please don’t tell me Americans are going to dip to this new level of cognitive dissonance

FireTower ,
@FireTower@lemmy.world avatar

Not speaking to policy but law, he’s probably hinting that this is a violation of the non delegation doctrine.

en.m.wikipedia.org/wiki/Nondelegation_doctrine

ThePyroPython ,

Coming soon: the freedom to be maimed by corporations cutting corners on dangerous equipment design and safety equipment provision.

PriorityMotif ,
@PriorityMotif@lemmy.world avatar

Lawn darts are back on the menu boys

JayleneSlide ,

I miss lawn darts, but the ban made sense. Holy hell, people were stupid with those things.

PriorityMotif ,
@PriorityMotif@lemmy.world avatar

It’s still illegal to resell them too. I see them pop up in reseller groups from time to time.

Gerudo ,

He’s always been “that conservative” judge.

WTF does someone have on him that he has been so emboldened the last few years?

MutilationWave ,

He was inspired by Trump’s popularity showing that Americans are more easily manipulated than he ever dreamed.

sarcasticsunrise ,
@sarcasticsunrise@lemmy.world avatar

google.com/…/clarence-thomas-told-clerks-he-wants…

This isn’t even blackmail, he’s just a pathetic little bitch. If not for these interesting times, I might feel sorry for him

Junkhead ,

gallows

SaltyLemon66 ,

What a big fat fucking nigger. He doesn’t seem to remember how people his color were treated no even a hundred years ago.

gedaliyah ,
@gedaliyah@lemmy.world avatar

Wow I love reading about these wacky sovcits. They always say the most silly things.

Wait, what? WHO said that? Justice of which court?

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