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ALLSTATES REFRACTORY CONTRACTORS, LLC,
Plaintiff-Appellant,
v.
JULIE A. SU, in her official capacity as Acting
Secretary of Labor, U.S. Department of Labor;
DOUGLAS L. PARKER, in his official capacity as
Assistant Secretary of Labor for Occupational Safety
and Health; OCCUPATIONAL SAFETY & HEALTH
ADMINISTRATION, U.S. DEPARTMENT OF LABOR;
UNITED STATES ATTORNEY FOR THE NORTHERN
DISTRICT OF OHIO,
Defendants-Appellees. |
No. 22-3772 |
Appeal from the United States District Court for the Northern District of Ohio at Toledo.
No. 3:21-cv-01864—Jack Zouhary, District Judge.
Argued: April 27, 2023
Decided and Filed: August 23, 2023
Before: COOK, GRIFFIN, and NALBANDIAN, Circuit Judges.
_________________________
OPINION
_________________________
More than fifty years ago, Congress passed, and President Nixon signed into law, the
Occupational Safety and Health (OSH) Act, 29 U.S.C. § 651 et seq. Throughout the next half
century, challenges to the constitutionality of the Act have been uniformly rejected. See Nat’l
Mar. Safety Ass’n v. Occupational Safety & Health Admin., 649 F.3d 743 (D.C. Cir. 2011), cert.
denied, 566 U.S. 936 (2012); Blocksom & Co. v. Marshall, 582 F.2d 1122 (7th Cir. 1978).
This case presents the same simple but poignant challenge: whether Congress’s
delegation to the Occupational Safety and Health Administration (OSHA) to set workplace-safety standards is constitutional. Plaintiff Allstates Refractory Contractors, a general contractor
subject to OSHA’s oversight, challenges OSHA’s authority to set “reasonably necessary or
appropriate” workplace-safety standards, 29 U.S.C. §§ 652(8), 655(b), as a violation of the
nondelegation doctrine. The district court concluded that the delegation provided an “intelligible
principle” and thus rejected Allstates’s challenge. We agree and now join our sister circuits in
holding OSHA’s delegation to be constitutional. |
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DAJA DON-KEVIA SMITH (22-1506); DAVONTE
RAYSHAD HOSKINS (22-1552),
Defendants-Appellants. |
Nos. 22-1506/1552 |
Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 1:21-cr-00020—Paul Lewis Maloney, District Judge.
Decided and Filed: August 23, 2023
Before: BATCHELDER, COLE, and NALBANDIAN, Circuit Judges.
_________________________
OPINION
_________________________
ALICE M. BATCHELDER, Circuit Judge. Daja Smith and Davonte Hoskins were co-conspirators in a large bank-fraud scheme, in which they called the victims, pretending to be
from their bank, gained access to the victims’ accounts, and stole their money. Both pleaded
guilty to conspiracy to commit bank fraud and aggravated identity theft, and both appealed,
arguing that their sentences are procedurally unreasonable. We affirm. |
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