Marshall v. Barlow's, Inc.
Headline: Workplace inspection rule allowed to remain in effect while appeals proceed, letting federal OSHA inspectors continue warrantless inspections of nonparties during the Court’s review of the Idaho injunction.
Holding: The Justice granted a stay allowing the OSHA warrantless-inspection provision to remain in effect for people not in the Idaho lawsuit while appeals and filings proceed.
- Allows OSHA inspectors to continue warrantless inspections of nonparty workplaces during appeal.
- Keeps the OSHA inspection rule effective nationwide pending Court review.
Summary
Background
The Solicitor General, representing the Secretary of Labor, asked a Justice to stay part of a district court injunction from Idaho. That district court had ruled that a federal law authorizing warrantless entry and inspection of workplaces for OSHA violations violated the Fourth Amendment and barred further searches by the Secretary’s agents. The Government sought relief only for people and workplaces not parties to the Idaho lawsuit; it did not ask to disturb the protection given to the party that sued.
Reasoning
The core question was whether the OSHA provision allowing warrantless workplace inspections is constitutionally invalid. The district court relied on prior decisions finding similar inspections unconstitutional, while the Government pointed to other decisions supporting agency inspections. The Justice explained that when a lower court strikes down part of an Act of Congress, the statute is presumptively valid and should remain in effect while a final decision is reached by this Court. Because the stay would not harm the party who sued and no one before the Court showed strong reasons against the stay, the Justice granted the Government’s request. The stay is conditioned on timely filing of an appeal notice and related court papers and remains until this Court disposes of them.
Real world impact
For now, OSHA inspectors may continue using the contested warrantless-inspection rule against people and workplaces that were not defendants in the Idaho case. The ruling does not change the protection already extended to the party who sued in Idaho. This decision is temporary and could be reversed or altered when the Court reaches a final decision on the underlying constitutional issue.
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