April 23, 2024

Existinglaw

Law for politics

If That Is the Law Then

The nineteenth century British author Charles Dickens once worked as a clerk in a regulation company and a lot of of his novels’ characters ended up derived from customers he fulfilled in the course of his perform in the organization. In 1 of his novels from the 1840’s, I do not bear in mind which Dickens’ novel, there was a colloquy among two of the figures. The 1st character points out the workings of a new British legislation that had just gone into outcome to the next character. Upon listening to of the new regulation the 2nd character responds incredulously: “Sir, if that is the legislation, then the regulation is an ass!” Given that looking through that Dickens novel whose title I do keep in mind, I have often read of new laws or lawful rulings that remind me that the Dickens character was proper in describing the “law as an ass.” Below is one particular scenario on place I recall producing about at the time.

In 2008 the U.S. Court of Appeals for the 2nd Circuit more than turned a, then lately, enacted New York regulation that necessary airlines to give meals, water, clean up toilets and fresh new air to passengers trapped in delayed planes. The law was struck down by the court that observed that nevertheless the measure was effectively-intentioned it was violative of federal authority.

The regulation had been passed immediately after hundreds of travellers were being stranded for up to ten hrs on quite a few JetBlue Airways flights at Kennedy Intercontinental Airport on Valentine’s Day in 2007. The travellers complained of remaining deprived of food and water and that the bogs overflowed. A month later travellers of other airlines were being stranded aboard other airlines at Kennedy soon after an ice storm.

The regulation was challenged by the Air Transport Association of The usa, the market trade group representing main U.S. airways. Weird that this trade group in fact seemed to be advocating for passengers being deprived of foods, water and thoroughly clean toilets on stranded commercial airliners.

The 2nd Circuit held that while the targets of the legislation ended up “laudable” and the instances prompting its adoption “deplorable,” only the federal governing administration has the authority to go such restrictions. The preemption doctrine delivers that below the Commerce Clause federal policies guarding the wellness, safety and welfare of men and women travelling in our place have to consider precedent and preempt or override any condition legislation statues that speak to the same make any difference. We may well absolutely recognize the federal preemption doctrine nonetheless we really should, in this circumstance say: “Sir, if that is the law then the regulation is an ass!”

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