The Supreme Court’s conservative wing is signaling a desire to radically strengthen its doctrine that bars Congress from giving agencies too much rulemaking discretion which in turn could impose major new limits on OSHA’s authority, though the justices in a new ruling held off on setting a new standard because of the unique nature of the decision.
November 15, 2026
An Arizona-based group is stepping up its effort to have a federal appellate court overturn the Congressional Review Act (CRA), the law Republicans and President Donald Trump used to repeal a suite of Obama-era worker safety policies issued by OSHA.
Date:
Supreme Court Justice Neil Gorsuch in a new dissent claims there is “mounting criticism” of the Chevron principle that gives primacy to OSHA and other agencies’ interpretations of unclear laws, raising the stakes for pending cases that could give the court’s strengthened conservative majority an opening to narrow or scrap the doctrine.
Date:
The Justice Department (DOJ) is asking the Supreme Court to retain a limited form of judicial deference for OSHA and other agencies’ interpretations of their rules rather than scrapping the doctrine altogether as conservatives, industry groups and others have urged, warning that deference is needed to ensure “certainty and stability” for nationwide rules.
Date:
The Supreme Court has agreed to hear a case that seeks to overturn the 21-year-old precedent that requires judges to defer to OSHA and other agencies on the meaning of their regulations -- a precedent at the center of many court rulings addressing agency rules but one that many of the court's conservatives have openly criticized for years.
Date: