Just another case of Los Federales assuming power not given to them by the Constitution
A federal appeals court Tuesday struck down a state law requiring airlines to give food, water, clean toilets and fresh air to passengers stuck in delayed planes, saying the measure was well-intentioned but stepped on federal authority.
The 2nd U.S. Circuit Court of Appeals said New York’s law – the first of its kind in the country – interferes with federal law governing the price, route or service of an air carrier.
This law followed, of course, several incidents where passengers were stuck in the plane on the tarmac for hour after hour, and unable to leave. Sounds more like they were held hostage, but, moving on
The court said that while the goals of the law were “laudable” and the circumstances prompting its adoption “deplorable,” only the federal government has the authority to pass such regulations.
“If New York’s view regarding the scope of its regulatory authority carried the day, another state could be free to enact a law prohibiting the service of soda on flights departing from its airports, while another could require allergen-free food options on its outbound flights, unraveling the centralized federal framework for air travel,” the court wrote.
Oh, for God’s sake, that is some seriously disturbed and idiotic reasoning by the court. Because something might happen in another state, done to, you know, protect passengers, now the airlines will be able to hold passengers hostage in the planes if there is cause to sit on the tarmac for long hours.
Perhaps the 2nd Court of Appeals should aquaint themselves with the 9th and 10th Amendments. Los Federales certainly have the right to regulate commerce between the states (Article I, Section 8, paragraph 4), but, does that include a plane not in motion? Do the people and states have no rights anymore within the framework of the expanded scope of Los Federales, basically assuming powers that the Framers never meant for them to have?
