March 16, 2023


Advocacy. Mediation. Success.

If That Is the Legislation Then

The nineteenth century British creator Charles Dickens once labored as a clerk in a legislation firm and lots of of his novels’ characters ended up derived from consumers he satisfied through his function in the company. In a single of his novels from the 1840’s, I do not recall which Dickens’ novel, there was a colloquy involving two of the figures. The initially character explains the workings of a new British legislation that had just absent into outcome to the 2nd character. On hearing of the new regulation the 2nd character responds incredulously: “Sir, if that is the legislation, then the regulation is an ass!” Considering the fact that reading that Dickens novel whose title I do bear in mind, I have often go through of new rules or lawful rulings that remind me that the Dickens character was proper in describing the “regulation as an ass.” Here is one particular case on place I remember producing about at the time.

In 2008 the U.S. Court of Appeals for the 2nd Circuit above turned a, then not too long ago, enacted New York regulation that required airlines to give food items, h2o, clean up bogs and fresh air to passengers stuck in delayed planes. The legislation was struck down by the courtroom that pointed out that even though the evaluate was very well-intentioned it was violative of federal authority.

The regulation experienced been passed following 1000’s of travellers have been stranded for up to 10 hours on quite a few JetBlue Airways flights at Kennedy International Airport on Valentine’s Day in 2007. The passengers complained of being deprived of food items and water and that the bogs overflowed. A month afterwards passengers of other airways were stranded aboard other airlines at Kennedy just after an ice storm.

The regulation was challenged by the Air Transportation Affiliation of America, the industry trade team symbolizing top U.S. airways. Unusual that this trade team really seemed to be advocating for travellers staying deprived of food items, water and thoroughly clean bogs on stranded industrial airliners.

The Next Circuit held that although the objectives of the law were “laudable” and the situations prompting its adoption “deplorable,” only the federal governing administration has the authority to pass these types of regulations. The preemption doctrine presents that below the Commerce Clause federal procedures protecting the well being, security and welfare of people travelling in our place have to just take precedent and preempt or override any state regulation statues that discuss to the exact same make any difference. We might surely comprehend the federal preemption doctrine however we should really, in this scenario say: “Sir, if that is the regulation then the regulation is an ass!”

See: Air Transport Ass’n of The usa, Inc. v. Cuomo, No. 07-5771-cv, slip op (2d Cir. March 25 2008). 2008 U.S. Application. Lexis 6130