Frank Irey, Jr., Inc., a Corporation v. Occupational Safety and Health Review Commission

(dissenting) :

Although I agree with most of what the majority opinion says, I dissent from the judgment enforcing the administrative civil penalty on the single and narrow ground that the administrative civil penalty device violates the seventh amendment. As Judge Weis’ opinion makes clear, suits for recovery of the penalties assessed by the administrative agency may be brought in the district court, Pub.L. No. 91-596, § 17, 29 U.S.C. § 666(k), but the only judicial review afforded with respect to the fact of violation or the amount of the penalty is in this court. Pub.L. No. 91-956, § 11(a),…