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SCOTUS declined to hear Florida’s lawsuit accusing CA and WA of illegally issuing CDLs

Posted on 5/26/26 at 1:46 pm
Posted by Ailsa
Member since May 2020
8573 posts
Posted on 5/26/26 at 1:46 pm

https://www.supremecourt.gov/opinions/25pdf/162orig_8n6a.pdf
quote:

George Mason???? ????
@GMGunstonHall
53m
Replying to @scotus_wire
FL should impose Tarriffs on CA trucks, drivers, and any goods originating in CA. If they are to be treated as if they were sovereign- a part of a "test" to hear a case in the first place and they don't get relief, then act as a sovereign would.
This post was edited on 5/26/26 at 1:48 pm
Posted by JimEverett
Member since May 2020
2431 posts
Posted on 5/26/26 at 1:53 pm to
Thomas seems correct. Where else is Florida supposed to go to court?

Anyone know the other side's argument?
Posted by BurlesonCountyAg
Member since Jan 2014
4932 posts
Posted on 5/26/26 at 1:54 pm to
quote:

Anyone know the other side's argument?


Probably “That’s racist!”
Posted by Gifman
Clearwater Beach, FL
Member since Jan 2021
18937 posts
Posted on 5/26/26 at 2:06 pm to
SFP!!!!!

Posted by BFIV
Virginia
Member since Apr 2012
8911 posts
Posted on 5/26/26 at 2:14 pm to
Florida needs to refuse to honor any CDL's issued by CA and WA. Of course this would guarantee reciprocity from those two states, thus insuring that SCOTUS and FTC would have to step in.
This post was edited on 5/26/26 at 2:16 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477465 posts
Posted on 5/26/26 at 2:15 pm to
quote:

FL should impose Tarriffs


Look at this retard
Posted by FATBOY TIGER
Valhalla
Member since Jan 2016
13230 posts
Posted on 5/26/26 at 2:17 pm to
Stop them all at the weigh stations and send them back.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477465 posts
Posted on 5/26/26 at 2:20 pm to
quote:


Thomas seems correct. Where else is Florida supposed to go to court?

Anyone know the other side's argument?


I'm going to guess here and say that the argument is that this is exclusively a federal claim as it involves a lawsuit over CA purportedly not following federal law. Only the US can bring that claim. In Louisiana we call that the right of action.

What was Florida praying for, exactly? Damages? Declaratory judgment? I don't know how they could enforce a judgment where the exclusive execution authority is the feds. Even if they won, what would they achieve other than virtue signalling?
Posted by Sweep Da Leg
Member since Sep 2013
3766 posts
Posted on 5/26/26 at 2:23 pm to
So the same corrupt bullshite from 2020 election lawsuits by Texas.

The Supreme Court is the ONLY place for states to go yet they get denied.
Posted by FATBOY TIGER
Valhalla
Member since Jan 2016
13230 posts
Posted on 5/26/26 at 2:25 pm to
LINK

The legal and political goals of the lawsuit included:Preempting State Sanctuary Laws: Florida asked the Supreme Court to declare that state laws preventing agencies from inquiring into immigration status are preempted by federal CDL regulations, which explicitly require lawful presence and the ability to read road signs.Preventing "Public Nuisance": The state argued that issuing heavy-truck licenses to individuals lacking legal status and English literacy posed an interstate threat, making California's and Washington's actions an actionable public nuisance.
Posted by OU Guy
Member since Feb 2022
30201 posts
Posted on 5/26/26 at 2:27 pm to
Force those states companies who hire illegally licensed drivers to post a $5,000,000 bond fee to operate in Florida for each driver licensed by illegal means. If you put it on the companies they will fix it fast. If company X has 100 drivers who would go to Florida then thats $500m they have to post.

Florida has to do something extreme like that. That might then be challenged in lower court and make it to Supremes as a case they can accept.
Posted by BFIV
Virginia
Member since Apr 2012
8911 posts
Posted on 5/26/26 at 2:28 pm to
quote:

federal CDL regulations, which explicitly require lawful presence and the ability to read road signs.Preventing "Public Nuisance": The state argued that issuing heavy-truck licenses to individuals lacking legal status and English literacy posed an interstate threat, making California's and Washington's actions an actionable public nuisance.


Looks to me like plenty of valid reasons to refuse to honor CA and WA CDL license. Keep these drivers off Florida roads.
Posted by HubbaBubba
North of DFW, TX
Member since Oct 2010
51931 posts
Posted on 5/26/26 at 2:30 pm to
quote:

Stop them all at the weigh stations and send them back.
Keep the trucks and contents. Seize them just like when they seize vehicles used in drug traffickingvabd sell them at auction.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477465 posts
Posted on 5/26/26 at 2:32 pm to
quote:

Force those states companies who hire illegally licensed drivers to post a $5,000,000 bond fee to operate in Florida for each driver licensed by illegal means. If you put it on the companies they will fix it fast. If company X has 100 drivers who would go to Florida then thats $500m they have to post.

Florida has to do something extreme like that. That might then be challenged in lower court and make it to Supremes as a case they can accept.


Look up the Dormant Commerce Clause. Here is an AI summary via Gemini:

quote:

The Dormant Commerce Clause is a legal doctrine inferred from the U.S. Constitution's Commerce Clause. While the Commerce Clause explicitly gives Congress the power to regulate interstate commerce, the doctrine implies that states cannot pass laws that unduly burden or discriminate against out-of-state economic interests, even if Congress hasn't passed conflicting legislation
Posted by Laugh More
Member since Jan 2022
3971 posts
Posted on 5/26/26 at 2:33 pm to
quote:

Even if they won, what would they achieve other than virtue signalling?

More scrutiny on States' CDL practices? Virtue signaling in the case may actually be the point.

I don't know of course since I haven't been following it, but if State A has rigorous standards for truck drivers that they have to adhere to, and State B sends over truckers that wouldn't qualify in State A, it sounds like a public safety claim. That could be the purpose perhaps.
Posted by BigTigerJoe
Member since Aug 2022
14201 posts
Posted on 5/26/26 at 2:37 pm to
quote:

Justice Thomas argues that the Supreme Court cannot refuse to hear lawsuits between states because the Constitution gives the Court exclusive jurisdiction over those disputes.

If the Court turns states away, they have “no judicial forum” at all.

Oh well, just declare war. Just kidding.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477465 posts
Posted on 5/26/26 at 2:37 pm to
quote:

More scrutiny on States' CDL practices?

Only the feds can do this. Even if they got this declaratory judgment, the feds still have to execute that judgment.

quote:

but if State A has rigorous standards for truck drivers that they have to adhere to, and State B sends over truckers that wouldn't qualify in State A, it sounds like a public safety claim. That could be the purpose perhaps.

I don't disagree. What I'm saying is that the AG/DOJ have the exclusive jurisdiction to act here
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
139209 posts
Posted on 5/26/26 at 2:40 pm to
quote:

Justice Thomas argues that the Supreme Court cannot refuse to hear lawsuits between states because the Constitution gives the Court exclusive jurisdiction over those disputes. If the Court turns states away, they have “no judicial forum” at all.
Welcome to TX vs PA, and the Roberts' Court.
Posted by Indefatigable
Member since Jan 2019
37411 posts
Posted on 5/26/26 at 2:42 pm to
quote:

Only the feds can do this. Even if they got this declaratory judgment, the feds still have to execute that judgment.


Is there a federal constitutional version of a writ of mandamus?

Florida should have sued the FTC (or whoever oversses the CDLs), it seems to me, over their (non)enforcement, instead of California.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477465 posts
Posted on 5/26/26 at 2:44 pm to
quote:

Florida should have sued the FTC (or whoever oversses the CDLs), it seems to me, over their (non)enforcement, instead of California.

Something like this would have been more advisable.

The fact that it's nonenforcement makes it more difficult, though, b/c it's asking the feds to act. Preventing the feds from acting illegally is much easier (like TROs)
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