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The nineteenth century British creator Charles Dickens as soon as labored as a clerk in a law agency and lots of of his novels’ characters had been derived from purchasers he met throughout his work within the agency. In considered one of his novels from the 1840’s, I don’t bear 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 law that had simply gone into impact to the second character. Upon listening to of the brand new law the second character responds incredulously: “Sir, if that’s the law, then the law is an ass!” Since studying that Dickens novel whose title I do bear 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 “law as an ass.” Right here is one case on level I bear in mind writing about on the time.
In 2008 the U.S. Court docket of Appeals for the Second Circuit over turned a, then not too long ago, enacted New York law that required airways to present meals, water, clear bogs and recent air to passengers caught in delayed planes. The law was struck down by the courtroom that famous that although the measure was well-intentioned it was violative of federal authority.
The law had been handed after 1000’s 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 bogs overflowed. A month later passengers of different airways had been stranded aboard different airways at Kennedy after an ice storm.
The law was challenged by the Air Transport Affiliation of America, the trade commerce group representing main U.S. airways. Unusual that this commerce group really gave the impression to be advocating for passengers being disadvantaged of meals, water and clear bogs on stranded business airliners.
The Second Circuit held that although the targets of the law had been “laudable” and the circumstances prompting its adoption “deplorable,” solely the federal authorities has the authority to move such rules. The preemption doctrine offers that beneath the Commerce Clause federal guidelines defending the health, security and welfare of individuals travelling in our nation should take precedent and preempt or override any state law statues that talk to the identical matter. We could actually perceive the federal preemption doctrine; however we must always, on this case say: “Sir, if that’s the law then the law 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
