Supreme Court Declines to Review Sixth Circuit Decision on OSHA’s Authority

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Koch brothers think tank Americans for Prosperity and other organizations pushed for a full court rehearing on the panel’s decision but were ultimately unsuccessful. Many of those same organizations, including Americans for Prosperity itself, also filed amicus briefs with the high court supporting Allstates Refractory’s requested writ of certiorari.

The Department of Labor is represented by Elizabeth B. Prelogar, Brian M. Boynton, Alisa B. Klein, and Courtney L. Dixon of the U.S. Department of Justice.

Allstates Refractory is represented by Donald F. McGahn II, Brett A. Schumate, John M. Gore, Anthony J. Dick, Brinton Lucas, and Harry S. Graver of Jones Day.

The case is Allstates Refractory Contractors LLC, Petitioner v. Julie A. Su, Acting Secretary of Labor et al., case number 23-819, in the Supreme Court of the United States.