JSX's demise? Today, from ALPA...
07-11-2024, 02:13 PM
#84
Gets Weekends Off
Joined APC: Apr 2017
Posts: 3,774
False.
If you want to actually read the law, here ya go:
https://www.transportation.gov/offic...ublic-charters
If you want to actually read the law, here ya go:
https://www.transportation.gov/offic...ublic-charters
07-11-2024, 03:56 PM
#85
Gets Weekends Off
Joined APC: Sep 2009
Posts: 2,277
07-12-2024, 06:12 AM
#86
Gets Weekends Off
Joined APC: May 2016
Posts: 334
SCOTUS didn't eliminate regulators authority to regulate, not by any means.
What they did was specify that regulators are no longer exempt from legal challenge is cases where grey area exists in the regs wrt to law. Most regs are pretty clear at face value, and would not be subject to judicial review (you could still sue, but the judge would toss it pronto).
The public charter thing might actually be a grey area which would be allowed legit judicial review. Not a bad thing, since there are businesses and jobs at stake.
Or as you say, congress could weigh in with clarity, one way or another. You can't (succesfully) sue regulators for enforcing clearly defined federal law.
What they did was specify that regulators are no longer exempt from legal challenge is cases where grey area exists in the regs wrt to law. Most regs are pretty clear at face value, and would not be subject to judicial review (you could still sue, but the judge would toss it pronto).
The public charter thing might actually be a grey area which would be allowed legit judicial review. Not a bad thing, since there are businesses and jobs at stake.
Or as you say, congress could weigh in with clarity, one way or another. You can't (succesfully) sue regulators for enforcing clearly defined federal law.
I would think a good attorney will have an idea if someone has a case and whether or not most view a particular law as clearly defined.
One thing government agencies seem to like is gray versus a bright line because then they get to decide what is right and wrong. Private vs Common Carriage is a good example. I think the FAA refuses to specify whether 3 contracts or 30 contracts crosses the line. "It Depends" Like porn I can't define it but I know it when I see it. What constitutes "Holding Out"? Lot of devil in the details. In the case of the ATF does selling one firearm or 50 make you a dealer? ATF refuses to specify. Of course when a law can send someone to prison then that takes it to a whole new level. I think JSX started at 400 something departures and is well in the 6 figures now. Where is the cutoff where planes under 135 fall out of the sky and moving to 121 suddenly defies the law of gravity? Back to insurance companies who are about as neutral you can get on assessing risk.
It may be wishful thinking but I hope this forces Congress and the Courts to actually do their job. All sides can bring forth their experts with equal weight. At least Congress is directly accountable to the people on some level. Faceless bureaucrats in the FAA are really not. My.04
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