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Started By
Message
re: SCOTUS declined to hear Florida’s lawsuit accusing CA and WA of illegally issuing CDLs
Posted on 5/26/26 at 2:45 pm to SlowFlowPro
Posted on 5/26/26 at 2:45 pm to SlowFlowPro
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
They don’t unduly burden them. Florida has to cover the liability of illegally licensed drivers causing wrecks and deaths and needs the funds to cover that liability.
1
Posted on 5/26/26 at 2:46 pm to SlowFlowPro
quote:
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)
Frankly, I am a little surprised that the FTC hasn't swooped in on this. Seems like a political no brainer.
Posted on 5/26/26 at 2:47 pm to Indefatigable
quote:
Frankly, I am a little surprised that the FTC hasn't swooped in on this. Seems like a political no brainer.
As I have typed in this thread I have thought the same thing.
This is the lowest of low-hanging red meat AND this just opens the door for DEMs to act retarded and turn off moderates.
Posted on 5/26/26 at 2:48 pm to OU Guy
quote:
Florida has to cover the liability of illegally licensed drivers causing wrecks and deaths and needs the funds to cover that liability.
Are you making a Medicaid argument?
Posted on 5/26/26 at 2:48 pm to SlowFlowPro
What moderates are you referring to?
Posted on 5/26/26 at 2:49 pm to Jbird
The ones who have flip flopped 3 elections in a row
Posted on 5/26/26 at 2:49 pm to SlowFlowPro
quote:
Only the feds can do this. Even if they got this declaratory judgment, the feds still have to execute that judgment.
Agreed on this. So wouldn’t that fall under the jurisdiction of the SC?
Why wouldn’t they take up a case on behalf of States for a federal issue?
Posted on 5/26/26 at 2:52 pm to Laugh More
quote:
Why wouldn’t they take up a case on behalf of States for a federal issue?
Because it's not a claim that Florida can legally pursue
In Louisiana was call it a "right of action" but not all states use our language.
The feds are the proper party with the right to take up that case and file suit
Posted on 5/26/26 at 2:55 pm to Laugh More
Interstate commerce to include transportation is now nebulous.
Posted on 5/26/26 at 2:55 pm to Jbird
quote:
Interstate commerce to include transportation is now nebulous.
Interstate commerce is also the domain of the feds.
Posted on 5/26/26 at 2:56 pm to SlowFlowPro
Yes it is.
Posted on 5/26/26 at 2:56 pm to Jbird
quote:
Interstate commerce to include transportation is now nebulous.
"Interstate commerce" is whatever the government wants it to be, at this point.
Posted on 5/26/26 at 2:57 pm to Indefatigable
Maybe.
Posted on 5/26/26 at 4:38 pm to NC_Tigah
quote:
Welcome to TX vs PA, and the Roberts' Court.
Despite Justice Thomas' pet project to hear all OJ cases it is a practical impossibility. Justices Thomas and Alito understand this, but they feel that OJ cases have to be heard. If we abolish Wyandotte and the sparingly rule, the court's main function as an appeals venue will grind to a halt. OJ cases will be filed left and right. It will be done specifically to help slow the court's main work, e.g., left-leaning states could have clogged the system to helpo prevent the hearing of Dobbs.
States do need a venue to be heard and the most logical approach would be for Congress to create a specialized lower court to handle the trial of fact. The SCOTUS could manage appeals.
FL filed the action as they did to take advantage of the SCOTUS philosophical leanings, but they probably or at least should have known it was a long shot to be heard. They have other options (only slightly creative) to bring essentially the same action, or at least one with similar relief as an option.
Posted on 5/26/26 at 6:44 pm to BFIV
It would actually seem that the better thing would be the have the federal transportation commission immediately state that all license is issued in California and Washington are void and that everyone with a license must be re-examined and reapply and comply fully with all of the federal legal requirements
That would take every driver off the road and would cause such an opera and I'm sure a federal judge would put a stop to it but it would get to the ninth circuit and then SCOTUS post haste
I have a feeling I know how justice Thomas would rule
That would take every driver off the road and would cause such an opera and I'm sure a federal judge would put a stop to it but it would get to the ninth circuit and then SCOTUS post haste
I have a feeling I know how justice Thomas would rule
Posted on 5/26/26 at 7:14 pm to Ailsa
Thomas is right. FL should absolutely start with punitive measures against CA.
Let's light this fricking candle!
Let's light this fricking candle!
This post was edited on 5/27/26 at 12:30 pm
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