If That Is the Regulation Then

If That Is the Regulation Then

The nineteenth century British writer Charles Dickens when labored as a clerk in a law firm and numerous of his novels’ characters have been derived from purchasers he met through his operate in the company. In one particular of his novels from the 1840’s, I do not keep in mind which Dickens’ novel, there was a colloquy between two of the figures. The initial character clarifies the workings of a new British law that experienced just long gone into outcome to the next character. On listening to of the new law the 2nd character responds incredulously: “Sir, if that is the regulation, then the regulation is an ass!” Because studying that Dickens novel whose title I do keep in mind, I have frequently read through of new guidelines or legal rulings that remind me that the Dickens character was proper in describing the “law as an ass.” Below is a person case on position I keep in mind producing about at the time.

In 2008 the U.S. Courtroom of Appeals for the 2nd Circuit above turned a, then lately, enacted New York regulation that needed airways to give food stuff, h2o, clear bathrooms and contemporary air to travellers stuck in delayed planes. The regulation was struck down by the courtroom that famous that nevertheless the evaluate was nicely-intentioned it was violative of federal authority.

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

The regulation was challenged by the Air Transportation Association of The usa, the market trade team symbolizing leading U.S. airlines. Peculiar that this trade team essentially seemed to be advocating for passengers remaining deprived of foodstuff, water and clean toilets on stranded industrial airliners.

The Second Circuit held that nevertheless the objectives of the law were being “laudable” and the conditions prompting its adoption “deplorable,” only the federal authorities has the authority to go these rules. The preemption doctrine offers that underneath the Commerce Clause federal policies shielding the health, basic safety and welfare of folks travelling in our place should choose precedent and preempt or override any condition legislation statues that communicate to the identical matter. We may well surely comprehend the federal preemption doctrine even so we should really, in this scenario say: “Sir, if that is the law then the regulation is an ass!”

See: Air Transportation 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