No. 21-1441

Emanuel McCray v. Department of Labor, Occupational Safety and Health Administration

Lower Court: Sixth Circuit
Docketed: 2022-05-13
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law agency-rulemaking constitutional-authority constitutional-interpretation executive-authority federal-constitution legislative-power occupational-safety public-health separation-of-powers
Key Terms:
Arbitration ERISA JusticiabilityDoctri
Latest Conference: 2022-09-28
Question Presented (AI Summary)

What is the appropriate constitutional authority embodied in Articles I and III and the Tenth and Thirteenth Amendments of the U.S. Constitution that permits the President and the administrative agencies of the United States, under Article II of the U.S. Constitution, to exercise or extinguish power under the guise of legislative authority contained in the Public Health Service Act of 1944 (PHSA) and the Occupational Safety and Health Act of 1970 (OSH Act)?

Question Presented (from Petition)

QUESTIONS PRESENTED . 1. What is the appropriate constitutional authority embodied in Articles I and IJI and the Tenth and . . Thirteenth Amendments of the U.S. Constitution that ; permits the President and the administrative agencies ' of the United States, under Article II of the U.S. Constitution, to exercise or extinguish power under the guise of legislative authority contained in the Public Health Service Act of 1944 (““PHSA”), Pub. L. 78-410, : 58 Stat. 682, Chapter 373 (42 U.S.C. ch. 6A § 201 et seq.) and the Occupational Safety and Health Act of 1970 (“OSH Act”), Pub. L. 91-596, $6, Dec. 29, 1970, 84 Stat. 1593 [29 U.S.C. §655(c)]? 2. What is the proper remedy and redress when an administrative agency exercises power contrary to the Federal Constitution’s separation of powers? 3. What is the appropriate constitutional, congressional, statutory and or judicial authority governing the issues of “timeliness”, “mootness” and the terms “sua sponte” and “nostra sponte” given Respondent’s exercise of power contrary to the Federal Constitution?

Docket Entries

2022-10-03
Petition DENIED.
2022-06-15
DISTRIBUTED for Conference of 9/28/2022.
2022-06-13
Waiver of right of respondent Department of Labor, Occupational Safety and Health Administration to respond filed.
2022-05-10
Petition for a writ of certiorari filed. (Response due June 13, 2022)

Attorneys

Department of Labor, Occupational Safety and Health Administration
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Emanuel McCray
Emanuel McCray — Petitioner
Emanuel McCray — Petitioner