Supreme Court Report

Supreme Court of the United States · Official docket →

Riverdale Mills Corporation v. Julie A. Su, Acting Secretary of Labor

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 22-1226 · judgment June 23, 2023


Certiorari denied · November 20, 2023
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a business petitioner, and a petition filed soon after the judgment below.

Question presented

Federal agencies, including the Occupational and Safety Health Administration (“OSHA”), exist and are limited by the authority delegated to them by Congress. Lujan v. Defs. of Wildlife, 504 U.S. 555, 577 (1992) (quoting Stark v. Wickard, 321 U.S. 288, 309–310 (1944)). When agencies engage in actions that overreach their Congressionally delegated powers and infringe on individual rights, Congress has empowered the courts to determine the lawfulness of the agency’s actions. Id. “Whether on the record as a whole there is substantial evidence to support agency findings is a question which Congress has placed in the keeping of the Courts of Appeals.” Universal Camera Corp. v. N.L.R.B., 340 U.S. 474, 491 (1951). Accordingly, this Court has established clear precedent delineating courts of appeals’ review of an administrative law judge’s factual finding as requiring meaningful review of the record evidence as a whole. A fundamental requirement of Fifth Amendment due process rights is the opportunity to be heard in a meaningful manner. Furthermore, because the Federal Rules of Evidence apply to Occupational Safety and Health Review Commission hearings, an administrative law judge has the power to “exclude relevant evidence if its probative value is substantially outweighed by a danger of . . . unfair prejudice.” The questions presented are: 1. Whether the United States Court of Appeals correctly applied the substantial evidence standard as articulated by this Court’s prior precedent.

Counsel of record

For petitioner
Travis Wayne Vance
Fisher & Phillips LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 20 2023
    Petition DENIED.
  2. Nov 01 2023
    DISTRIBUTED for Conference of 11/17/2023.
  3. Oct 25 2023
    Waiver of right of respondent Secretary of Labor to respond filed.
  4. Sep 21 2023
    Petition for a writ of certiorari filed. (Response due October 25, 2023)