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The nineteenth century British creator Charles Dickens as soon as labored as a clerk in a legislation agency and plenty of of his novels’ characters had been derived from shoppers he met throughout his work within the agency. In considered one of his novels from the 1840’s, I don’t keep in mind which Dickens’ novel, there was a colloquy between two of the characters. The primary character explains the workings of a brand new British legislation that had simply gone into impact to the second character. Upon listening to of the brand new legislation the second character responds incredulously: “Sir, if that’s the legislation, then the legislation is an ass!” Since studying that Dickens novel whose title I do keep in mind, I’ve typically learn of latest legal guidelines or authorized rulings that remind me that the Dickens character was appropriate in describing the “legislation as an ass.” Right here is one case on level I keep in mind writing about on the time.
In 2008 the U.S. Court docket of Appeals for the Second Circuit over turned a, then lately, enacted New York legislation that required airways to present meals, water, clear bathrooms and contemporary air to passengers caught in delayed planes. The legislation was struck down by the court docket that famous that although the measure was well-intentioned it was violative of federal authority.
The legislation had been handed after hundreds of passengers had been stranded for as much as ten hours on a number of JetBlue Airways flights at Kennedy Worldwide Airport on Valentine’s Day in 2007. The passengers complained of being disadvantaged of meals and water and that the bathrooms overflowed. A month later passengers of different airways had been stranded aboard different airways at Kennedy after an ice storm.
The legislation was challenged by the Air Transport Affiliation of America, the trade commerce group representing main U.S. airways. Unusual that this commerce group truly gave the impression to be advocating for passengers being disadvantaged of meals, water and clear bathrooms on stranded industrial airliners.
The Second Circuit held that although the objectives of the legislation had been “laudable” and the circumstances prompting its adoption “deplorable,” solely the federal authorities has the authority to cross such laws. The preemption doctrine supplies that beneath the Commerce Clause federal guidelines defending the well being, security and welfare of individuals travelling in our nation should take precedent and preempt or override any state legislation statues that talk to the identical matter. We might definitely perceive the federal preemption doctrine; nonetheless we must always, on this case say: “Sir, if that’s the legislation then the legislation is an ass!”
See: Air Transport Ass’n of America, Inc. v. Cuomo, No. 07-5771-cv, slip op (second Cir. March 25 2008). 2008 U.S. App. Lexis 6130
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Source by Leonard Birdsong