As several of the justices hinted during oral arguments on Jan. 8, the issue of whether to stay OSHA’s ETS came down to the agency’s statutory authority granted to it under the Occupational Safety and Health Act. Ultimately, the majority determined the ETS’ challengers were likely to succeed on the merits of their claim that Secretary of Labor Marty Walsh lacks the authority to issue such requirements.
“This is no ‘everyday exercise of federal power,'” the high court wrote, citing its own precedent stating that it expects Congress to “‘speak clearly when authorizing an agency to exercise powers of vast economic and political significance.'” That refers to the court’s major questions doctrine, which observers had speculated it might invoke.
