Atlas Roofing Co. v. Occupational Safety and Health Review Comm'n

In Atlas Roofing Co., Inc. v. OSHRC, 430 U.S. 442, 97 S.Ct. 1261, 51 L.Ed.2d 464 (1977), the Court dealt with Seventh Amendment challenges to provisions in the Occupational Safety and Health Act, allowing for administrative civil penalties for violations of health and safety standards, subject first to administrative review and then to judicial review in the appropriate court of appeals under a substantial evidence test. 29 U.S.C. Sec. 660(a),(b). The challenge was that the Seventh Amendment prevented the assignment of the factfinding functions in the Act to the administrative agency. The Atlas Court indicated, however, that when Congress creates new statutory 'public rights,' it may assign their adjudication to an administrative agency with which a jury trial would be incompatible, without violating the Seventh Amendment's injunction that jury trial is to be 'preserved' in 'suits at common law.' ... This is the case even if the Seventh Amendment would have required a jury where the adjudication is assigned instead to a federal court of law instead of an administrative agency. (430 U.S. at 455, 97 S.Ct. at 1269.) With regard to the objection that if the right to a jury trial depends on the forum which Congress has chosen, Congress could utterly destroy the right by always providing for administrative resolution, the Court answered: "Our prior cases support administrative factfinding in only those situations involving 'public rights,' e.g., where the Government is involved in its sovereign capacity under an otherwise valid statute creating enforceable private rights. Wholly private tort, contract, and property cases, as well as a vast range of other cases as well are not at all implicated." (430 U.S. at 458, 97 S.Ct. at 1270.( In Atlas Roofing Co. v. Occupational Safety and Health Review Comm'n, 430 U. S. 442, (1977), the Supreme Court noted that "when Congress creates new statutory `public rights,' it may assign their adjudication to an administrative agency with which a jury trial would be incompatible, without violating the Seventh Amendment's injunction that jury trial is to be `preserved' in `suits at common law.' " 430 U. S., at 455. The Supreme Court emphasized, however, that Congress' power to block application of the Seventh Amendment to a cause of action has limits. Congress may only deny trials by jury in actions at law, we said, in cases where "public rights" are litigated: "Our prior cases support administrative factfinding in only those situations involving `public rights,' e. g., where the Government is involved in its sovereign capacity under an otherwise valid statute creating enforceable public rights. Wholly private tort, contract, and property cases, as well as a vast range of other cases, are not at all implicated." Id., at 458.