"This case is not about extraordinary weapons lying at the outer limits of Second Amendment protection. Overturning the ban would allow not only assault rifles, but things like assault shotguns and assault pistols, state officials said. Similar assault weapon restrictions have previously been upheld by six other federal district and appeals courts, the state argued. Supreme Court.Assault weapons as defined by the law are more dangerous than other firearms and are disproportionately used in crimes, mass shootings and against law enforcement, with more resulting casualties, the state attorney general's office argued, and barring them "furthers the state's important public safety interests."įurther, a surge in sales of more than 1.16 million other types of pistols, rifles and shotguns in the last year - more than a third of them to likely first-time buyers - show that the assault weapons ban "has not prevented law-abiding citizens in the state from acquiring a range of firearms for lawful purposes, including self-defense," the state contended in a court filing in March. Motor carriers who quickly adapt and innovate may be able to make summer lemonade out of the lemons delivered today by the U.S.
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These alternatives include pivoting to an employee driver model, seeking to comply with the business-to-business exemption in AB5, deploying a freight brokerage model, utilizing a “two-check” system of compensation, or implementing a “taxi cab medallion” model. Most immediately, motor carriers must evaluate and adopt alternative operating models to mitigate risk if they intend to continue to do business in California. Moreover, the industry can expect that other like-minded states will proceed with “copycat” legislation, creating yet further supply chain disruption. At a time when transportation resources and supply chains are already stressed, motor carriers, transportation intermediaries, and commercial shippers must all now adapt to the new landscape in California. Of course, the Court’s decision to deny review has profound consequences for the transportation industry and supply chains in general.
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Upon the Ninth Circuit’s dissolution of the stay that it previously entered, the State of California may proceed to enforce AB5 against motor carriers in California. The Ninth Circuit’s order entering the stay last year stated that, if certiorari was denied, the Ninth Circuit would issue the mandate to the trial court “immediately.” Further, the Ninth Circuit requires the parties to advise the Ninth Circuit “immediately” upon the denial of certiorari. As a result, the decision of the Ninth Circuit stands. However, the appellate court did stay enforcement of its decision pending CTA’s request for the United States Supreme Court to review the appellate court’s decision.Īfter extensive briefing, and an outpouring of industry support emphasizing that this subject is of great public importance and that the Court needed to resolve a circuit split regarding the scope of FAAAA preemption, the Court nevertheless today declined to accept the case for review.
An appeal followed and, in April 2021, the United States Court of Appeals for the Ninth Circuit unfortunately reversed the district court’s decision, finding that AB5 was not in fact preempted by the FAAAA. The judge found that that the “B” prong of the ABC test embodied in AB5 “is likely preempted by the FAAAA” because AB5 “effectively mandates that motor carriers treat owner-operators as employees, rather than as the independent contractors that they are.” Judge Benitez later converted the temporary restraining order into a preliminary injunction. Benitez issued a decision granting CTA’s request for an emergency order enjoining the State of California from enforcing AB5 as against motor carriers. On Decem(the day before AB5 was to become effective), Judge Roger T. § 14501(c)(1), known as the Federal Aviation Administration Authorization Act (“FAAAA”). Among other things, CTA argued that AB5 was preempted by 49 U.S.C. On December 24, 2019, in a federal case brought by the California Trucking Association and others (collectively, “CTA”), CTA moved for a temporary restraining order to prohibit the enforcement of AB5 against motor carriers operating in California. By way of background, AB5 codified into statutory law a rigid “ABC” test used for determining whether a worker is an employee or an independent contractor.
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