N.D.Ga.: No constitutional right to pre-enforcement challenge to an OSHA administrative warrant

There is no constitutional right to pre-enforcement challenge to an OSHA administrative warrant. “FFG contends that it has the constitutional right to a pre-execution challenge of OSHA’s warrant. [Doc. 14 at 4-5]. After a review of the record, the Court finds that Judge Fuller’s invocation of and reliance on the Fifth Circuit’s decision in Trinity Marine, supra, was sound. [R&R at 3-5]. The Fifth Circuit’s conclusion in Trinity Marine is quite clear – it rejected the ‘claim that there is a constitutional right … to contest an administrative warrant’s validity in federal court before its execution,’ concluding instead that ‘there is no constitutional right to a pre-execution contempt hearing.’ 512 F.3d at 202. FFG’s arguments against following Trinity Marine are unconvincing, and the Court agrees with Judge Fuller that its reasoning applies with ‘equal force’ here. [R&R at 5 & n.4].” United States v. Foundation Food Groups, 2021 U.S. Dist. LEXIS 118529 (N.D. Ga. June 8, 2021).