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.
Is Clarence Thomas okay, like upstairs? Does he just go around pointing at random things and screaming “Unconstitutional!” ? Is “unconstitutional” in the room with us right now?
Artist’s Rendition:
His donors point and he attacks
Last year, WNYC had an episode of their More Perfect podcast all about Thomas and, more or less, how he got that way.
https://www.wnycstudios.org/podcasts/radiolabmoreperfect/episodes/clarence-x
If you want an in-depth profile on how Thomas’ political views are shaped, check out the PBS Frontline documentary on him.
Fanart of artist rendition:
I have the sound of this stuck in my head now, thanks.
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.
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
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.
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.
That is the plan. Clarence Thomas is owned by
billionersparasites that want a feudalism system in their corporations.
Working in the chemical industry, this statement is horrifying.
Take a look for yourself:
https://m.youtube.com/user/USCSB
A fucking judge who sits on his ass all day, “interpreting” the constitution like he’s some fucking oracle, wouldn’t even begin to understand.
I had no idea of this entity, but I work with enough similarly, highly nuanced public professionals that I recognize that the rapid and blind “immediately destroy all gubberment” approach will have widespread oh-holy-fuck consequenes if not just for the extensive brain vacuum potentially left in the wake of this type of growing mentality. Thanks for sharing your knowledge and perspective.
I mean, do we not remember when companies were literally locking employees into buildings as they come down in a raging inferno?
More than once?
I wanted to post this channel for a long list of reason, broken down in a forensic manner, as to why this is a bad idea, glad others were here, and thinking the same.
I did Asbestos removal for awhile years ago. I cannot imagine not having OSHA. The amount of crap companies get away with with OSHA around is already absurd.
If they believe congress shouldn’t have the authority to delegate authority so broad then the way fix isn’t to eliminate the delegation but to require that congress reviews the regulatory agencies to see if they’re acting as according to their intent (yes there’s risk of abuse for this too, like endless micromanaging, etc, this is just to defuse the constitutionality argument)
Just read a bunch of audit results and discuss relevant court cases involving the varies agencies in front of congress and let them rubberstamp it
Eliminate him if you want a cleaner court
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.
Is he sure he wants that if Trump gets into power?
He’s been writing about it long before 2016 so I’d imagine so.
Yeah, but that was before Project 2025.
You think he cares?
He usually cares about what the people who bribe him want and they want Project 2025.
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.
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.
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.
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
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.
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
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.
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.
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.
Can we make people who vote for lack of safety regulations work affected jobs for about a year or so? How’d you think they’d vote then?
I used to argue that whoever was ultimately responsible for safety at a chemical plant should be required to have them and their family live close enough that if shot goes wrong, they’ll definitely be among the worst effected.
But then I live within the greater Charleston, WV area, and there’s a plant in a town called Institute here that makes and handles MIC, most notoriously known for being made less poisonous for use as pesticide and being the stuff that leaked and caused the Bhopal incident back when.
People should sue for damages if they have a case. Same for the Supreme Court ruling, I guess? It would make sense if someone sues the SC for something they suffer
They have immunity for the effect of their rulings (unless it’s criminal corruption involved, but they get to decide for themselves that it’s just “gratuities”, unless congress impeach them)
No, they make the rules and would never agree to that, just like they always vote to give themselves raises and amazing healthcare while fighting to prevent the rest of us from getting adequate pay or healthcare.
Wow I love reading about these wacky sovcits. They always say the most silly things.
Wait, what? WHO said that? Justice of which court?
I assume soon we will be getting rid of the weekend and the 40-hour work week.
We’re already letting children work jobs that maim and kill them again.
Of course! That’s what family values are all about! Praise the lord and pass the ammunition!
Username checks out.
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?
Killing chevron was the biggest step already. Now corpos just have to chip away with lawsuits.
I understand that. I’m just wondering if you can push these rulemaking bodies to the legislative branch and what it would look like.
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.
OSHA just adds cost to any construction project that isn’t needed.
OSHA is better than dead workers littering the worksite.
Hey, speaking as a construction worker, get fucked. OSHA keeps people like me alive. Just get fucked. I cannot express this passionately enough.
It’s just a bad troll account, but yeah fr
he frequently does this batshit insane stuff, and yet, for some reason, this fuckup has a fan following on Lemmy.
There is seriously a few accounts on here where they are just shit stains saying horrible shit and bullying people but they are on 24/7 and people just upvote because they look strong and sometimes say things that feel smart or empowering.
If you ever want to know how Trump got to power just look around.
There is no record of this comment 😉
You forgot this: /s.
At least I fuckin’ hope so.
Jug Jug Biggs over here.
I hope so. I kinda like SatansMag…ugghh…i can’t even say it.
Sometimes they can be funny, but also legit have the absolute worst takes
That is so completely insane. Do you know how many workplace injuries and deaths were eliminated because of things OSHA put in place?
In case you’re not just trying to harvest downvotes (hey, everyone needs a hobby); That’s a stupid fucking take.
So does a worksite death or injury.
Just not nearly as much, and most importantly they are held much less accountable for those things without OSHA or similar oversight…
You’ll say that until you fall off a ledge without a guard rail
Like working on the Death Star.
So does your mom.
“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
Coming soon: the freedom to be maimed by corporations cutting corners on dangerous equipment design and safety equipment provision.
Lawn darts are back on the menu boys
I miss lawn darts, but the ban made sense. Holy hell, people were stupid with those things.
It’s still illegal to resell them too. I see them pop up in reseller groups from time to time.
Not speaking to policy but law, he’s probably hinting that this is a violation of the non delegation doctrine.
This is how we’ll get the next Bhopal or Hawks Nest Tunnel disaster
Anyone notice that the prez can have this guy killed with no consequences?
If he loses the election and doesn’t use this new power to kill trump and all his lackies then I guess his presidency wasn’t for “the preservation of this democracy”
That might set off an actual civil war…
Civil war or the purge.
Take your pick.
Ah, but presidential immunity is conferred at the discretion of the SCOTUS.
Seriously, they made themselves keepers of the power.
So he has to kill enough of them at once?
One would think that that an elderly judge would appreciate hand rail regulations.
They should eliminate him
Right out a fuckin window.
