AMERICAN TEXTILE MANUFACTURERS INSTITUTE, INC., ET AL.
v.
DONOVAN, SECRETARY OF LABOR, ET AL.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued January 21, 1981.
Decided June 17, 1981.
Attorney(s) appearing for the Case
Robert H. Bork argued the cause for petitioners in both cases. With him on the briefs for petitioners American Textile Manufacturers Institute, Inc., et al. were Neil J. King, A. Stephen Hut, Jr., Robert T. Thompson, Samuel K. Abrams, H. J. Elam III, Neil W. Koonce, Dan M. Byrd, Jr., Thomas A. Evins, Roger L. Tuttle, Lovic A. Brooks, Jr., Richard H.Monk, Jr., and C. Powers Dorsett. Charles M. Crump filed briefs for petitioner National Cotton Council of America.
Deputy Solicitor General Geller argued the cause for the federal respondent in both cases. With him on the brief were Solicitor General McCree, Barry Sullivan, Benjamin W. Mintz, Allen H. Feldman, Dennis K. Kade, Diane E. Burkley, and John A. Bryson. George H. Cohen argued the cause for the American Federation of Labor and Congress of Industrial Organizations et al., respondents in both cases under this Court's Rule 19.6. With him on the brief were Robert M. Weinberg, Jeremiah A. Collins, Laurence Gold, J. Albert Woll, Elliot Bredhoff, and Arthur M. Goldberg.†
J. Davitt McAteer and John A. Fillion filed a brief for the Brown Lung Association et al. as amici curiae urging affirmance.
Briefs of amici curiae were filed by Allen A. Lauterbach and C. David Mayfield for the American Farm Bureau Federation; by Jerome Powell, W. Scott Railton, Barton C. Green, and David Ferber for the American Iron and Steel Institute; by William J. Kilberg, Stephen E. Tallent, and H. Frederick Tepker for ASARCO Inc.; by Edwin H. Seeger and William F. Boyd for Bunker Hill Co.; and by J. Gordon Arbuckle and David B. Robinson for the Chocolate Manufacturers Association.
Supreme Court of United States.
JUSTICE BRENNAN delivered the opinion of the Court.
Congress enacted the Occupational Safety and Health Act of 1970 (Act) "to assure so far as possible every working man and woman in the Nation safe and healthful working conditions. . . ." § 2 (b), 84 Stat. 1590, 29 U. S. C. § 651 (b). The Act authorizes the Secretary of Labor to establish, after notice and opportunity to comment, mandatory nationwide standards governing health and safety in the workplace...
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