Justice Clarence Thomas Dissents From Fellow Judges Again

By: David Donovan | Published: Jul 04, 2024

When it came to taking up a case that challenged the authority of the Occupational Safety and Health Administration (OSHA), Supreme Court Justice Clarence Thomas opposed his colleagues.

The court on Tuesday declined to hear an appeal by Allstates Refractory Contractors workers after a lower court tossed out the Ohio organization’s claim against OSHA.

Ohio Claim

The claim contended that a 1970 government regulation that gave OSHA the sweeping power to give work environment wellbeing guidelines disregards Article 1 of the U.S. Constitution.

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OSHA members in front of a sign at the Rock and Roll Hall of Fame

X user OSHA_DOL

This gives lawmaking powers to Congress and no other part of the federal government.

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Dissenting Justices

The appeal was denied by seven justices. Thomas and Justice Neil Gorsuch, another conservative, implied they would have heard it.

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On Thursday, Sept. 19, 2019, U.S. Supreme Court Justice Neil Gorsuch spoke at the LBJ Presidential Library as the sixth annual Tom Johnson lecturer.

Flickr user LBJLibraryNow

Thomas dissented from the decision to deny taking up the case, but Gorsuch did not explain his reasoning.

Thomas’ Statement

“The question whether the Occupational Health and Safety Administration’s broad authority is consistent with our constitutional structure is undeniably important,” Thomas stated.

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justice Clarence Thomas and Akhil Reed Amar speaking on a stage in chairs

National Archives and Records Administration

He continued to say: “At least five Justices have already expressed an interest in reconsidering this Court’s approach to Congress’s delegations of legislative power.”

“Excellent Vehicle”

The request is “an excellent vehicle to do exactly that,” Thomas claimed.

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Sonny Perdue is sworn in as the 31st Secretary of Agriculture by U.S. Supreme Court Justice Clarence Thomas with his wife Mary Ruff and family April 25, 2017, at the Supreme Court in Washington, D.C.

Flickr user U.S. Department of Agriculture

The Occupational Safety and Health Act “may be the broadest delegation of power to an administrative agency found in the United States Code,” Thomas said.

“No Less Objectionable”

“If this far-reaching grant of authority does not impermissibly confer legislative power on an agency, it is hard to imagine what would.”

The Constitution Turns 225: Justice Clarence Thomas speaks at the Library of Congress

National Archives

It would be “no less objectionable,” he contended if Congress “gave the Internal Revenue Service authority to impose any tax on a particular person that it deems ‘appropriate.'”

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Past Objections

It is certainly not the only time that Thomas first has conflicted with his fellow judges.

President Donald J. Trump and Jesse Barrett look on as Supreme Court Associate Justice Clarence Thomas swears in Judge Amy Coney Barrett as Supreme Court Associate Justice Monday, Oct. 26, 2020, on the South Lawn of the White House.

Flickr user The White House

Last month, he was the only justice to contradict in a milestone gun rights case. 

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Gun Control Law

The judges decided 8-1 to maintain a government weapon control regulation planned to safeguard domestic violence victims.

black airsoft rifle on brown wooden stump

Unsplash user STNGR LLC

After the court unanimously declined to settle constitutional issues raised by Texas and Florida’s social media laws this week, he also criticized his colleagues for remarks he deemed “unnecessary.” 

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Social Media Laws

In an agreeing assessment, Thomas said he concurred with the choice to return the cases to the lower courts. 

Social media icons grouped on top of each other

Unsplash user Alexander Shatov

However, he clashed “with the court’s decision to opine on certain applications of those statutes.”

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Federal Regulatory Power

His contradicting assessment on Tuesday comes after the court’s conservative majority on Friday caused a massive setback for government administrative power by toppling the court’s 1984 decision in Chevron v. Natural Resources Defense Council.

Sonny Perdue is sworn in as the 31st Secretary of Agriculture by U.S. Supreme Court Justice Clarence Thomas with his wife Mary and family April 25, 2017, at the Supreme Court in Washington, D.C.

Flickr user U.S. Department of Agriculture

This had instructed judges to concede to government offices in deciphering regulations where the law is vague.

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Impact of Decision

Chevron is a significant ruling that has been cited over 18,000 times over the decades according to SCOTUS Blog.

Then-Harvard Law School dean Elena Kagan making a speech at a podium

Flickr user Doc Searls

In Kagan’s dissent, she stated: “In one fell swoop, the majority today gives itself exclusive power over every open issue—no matter how expertise-driven or policy-laden—involving the meaning of regulatory law.”

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Content Regulation

The social media law regarding what content can be regulated prompted Thomas’ opinion that the commentary was “unnecessary.”

The nine justices of the Supreme Court of the United States following the addition of Neil Gorsuch in April 2017

Collection of the Supreme Court of the United States

According to Thomas: “I cannot agree, however, with the court’s decision to opine on certain applications of those statutes. The court’s discussion is unnecessary to its holding.”

Thomas’ continued contradicting opinions to the rest of the Supreme Court could cause tension in future rulings.

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