April 13, 2024


Law, This Is It!

If That Is the Legislation Then

2 min read

The nineteenth century British writer Charles Dickens as soon as worked as a clerk in a legislation company and many of his novels’ characters have been derived from customers he achieved in the course of his function in the firm. In one of his novels from the 1840’s, I do not don’t forget which Dickens’ novel, there was a colloquy amongst two of the people. The to start with character clarifies the workings of a new British law that had just absent into outcome to the next character. Upon listening to of the new law the 2nd character responds incredulously: “Sir, if that is the regulation, then the law is an ass!” Given that looking through that Dickens novel whose title I do recall, I have normally browse of new regulations or lawful rulings that remind me that the Dickens character was accurate in describing the “regulation as an ass.” Listed here is just one situation on position I recall creating about at the time.

In 2008 the U.S. Court docket of Appeals for the Second Circuit in excess of turned a, then lately, enacted New York legislation that demanded airways to give food stuff, drinking water, thoroughly clean bathrooms and clean air to travellers stuck in delayed planes. The law was struck down by the court docket that observed that even though the evaluate was nicely-intentioned it was violative of federal authority.

The legislation had been passed just after 1000’s of passengers ended up stranded for up to ten hours on various JetBlue Airways flights at Kennedy Intercontinental Airport on Valentine’s Working day in 2007. The travellers complained of becoming deprived of meals and water and that the bogs overflowed. A thirty day period later on passengers of other airlines ended up stranded aboard other airways at Kennedy following an ice storm.

The law was challenged by the Air Transport Association of The us, the market trade group symbolizing leading U.S. airways. Bizarre that this trade group essentially appeared to be advocating for travellers being deprived of food, drinking water and clean toilets on stranded commercial airliners.

The 2nd Circuit held that even though the targets of the law were being “laudable” and the instances prompting its adoption “deplorable,” only the federal government has the authority to pass these rules. The preemption doctrine gives that under the Commerce Clause federal regulations guarding the wellbeing, basic safety and welfare of persons travelling in our country have to get precedent and preempt or override any point out regulation statues that discuss to the same make a difference. We might definitely comprehend the federal preemption doctrine however we ought to, in this situation say: “Sir, if that is the regulation then the legislation 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. App. Lexis 6130

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