Several Hawaii residents and businesses have brought suit against the federal government challenging the constitutionality of the "Jones Act." The complaint can be downloaded here.
The suit notes that because the Jones Act requires cargo to be transported on U.S. flagged ships between U.S. ports, Hawaii residents pay more for their goods. It purports to be class action on behalf of all persons impacted by the Jones Act's application to Hawaii maritime trade.
The complaint alleges claims under Art. I, Section 8 of the Constitution; 42 U.S.C. 1983 and Federal Rule of Civil Procedure 57. There may be some jurisdictional problems with these claims, so it will be interesting to see if the plaintiffs can survive the government's inevitable motion to dismiss.
We'll stay tuned and keep you posted.
what happened on this one... can you keep us posted as you advised?
Posted by: Kwabena | April 17, 2010 at 02:05 AM
Court dismmissed the case, although I don't think anyone was surprised. I haven't heard if the plaintiffs are going to appeal.
Posted by: Hawaiioceanlaw | April 18, 2010 at 04:47 PM