Originally Posted by
GUFN
I believe this is correct. Look at the railroad and trucking systems and regulations. Same should hold true for the airlines.
Just because a state Supreme Court upholds it, doesn’t mean it’s fine under Federal law.
ETA: Alaska Airlines Cares, just not about you.
It was not a state Supreme Court that upheld it. It was the 9th Circuit Court of Appeals. That's Federal Court, and the last step before the US Supreme Court.
Not picking on anybody here, I'm not a lawyer either. But, if you read the 9th Circuit's decision it talks about who has control here, federal or state. They provide reasoning for what they found citing precedent. Read it, its interesting.
Obviously the expectation in the industry is for the FAA to be exempt from this and provide in their own regulations. The 9th Circuit felt differently. The SCOTUS felt it was a state problem and declined to hear the case.
To me, that means there is likely a legislative solution that Sacramento can pull together should enough pressure ($$$) be applied.
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