SCOTUS adds to Maritime Law

I am not sure how Bright Enterprises, the New Jersey-based plaintiff in the recent US Supreme Court Case (Loper Bright Enterprises et al. vs Raimondo), arranges their shipboard workforces, but many American commercial fishermen are working shareholders whose workplace conditions are outside of the purview of labor laws. The New York Times recently painted a picture of the fishing industry, consisting of limited rest, frequent injuries, and abuse of stimulants (1). With this in mind, it was less surprising that a maritime company would be on the vanguard of small and mid-size businesses challenging the regulatory state. Overturned in this case was the Chevron Deference, established in the 1980s and named for a major corporation, seemed to put a cap on the excesses of corporate attorneys in the “greed is good” era- although deregulation of telecom and finance would continue through the next decade. Bright Enterprises is a sympathetic plaintiff, and their amici curiae (allies) even more so. At question was a $700 per day regulatory cost for ride-along marine fishery inspectors, which in 2016 sunk David Goethel’s small fishing business in New England cod and clams (2)(3). Another recent gem from the US Supreme Court came in SEC vs Jarkesy, which interested me since the liberal justices were against expanding the right to jury trials to defendants in civil cases currently decided by an Administrative Law Judge (ALJ). With the caveat that the decision does not address license suspension and revocation actions, the Supreme Court may have strengthened the position of mariners and aviators facing certain legal actions by the US Coast Guard or Federal Aviation Administration. Yet, in many cases, a mariner or aviator under charges would prefer to have their case reviewed by an ALJ than a randomly-selected jury. The ALJ would presumably be more informed about technical decisions and risk trade-offs within their sector of the transportation industry, whereas a jury might come to a premature conclusion when casualties occur to the environment or people at sea. (1) https://www.nytimes.com/2024/06/06/magazine/fentanyl-death-fishing.html (2) https://apnews.com/article/fc068b291ae54450be38530c512a09f6 (3) https://causeofaction.org/supreme-court-denies-petition-review-job-killing-fishery-rule/

Trump Came to Town

Virginia Beach and Chesapeake went all out for President Trump upon his arrival, completely shutting down 15 miles of busy suburban freeway so that his entourage had a completely private thoroughfare from the airport to a berry farm near the North Carolina line. Such accommodations inconvenienced some of his followers, who had to work on a Friday and did not have the luxury of spending the day perusing merchandise and food stands at the berry farm. A caravan thus formed on the backroads, arriving at the duck fields to find that there was no more room to hear the once-disgraced president speak. Cars lined the side of the road, new cars, no beaters. Their occupants had nice clothes, good hair, and smooth hands, untaxed by grueling work or hard living. Nearest to the berry farm were mansions with many cars in their front yards. One must wonder how much each automobilist paid for the privilege. Chesapeake used to vote for the Democratic Party, between the family farm Dixiecrats and the urban industrial neighborhoods of South Norfolk. But Chesapeake is now a suburban wonderland filled with economically secure members of the military industrial complex. Donald Trump was welcome here. A cul de sac served as promontory for those who could not enter the venue. For ninety minutes, Trump’s voice rehashed talking points soothing to the audience’s ears. From here, you could not see Trump, but his voice boomed invisibly over the fields like a FDR fireside chat, or how God talks to people in movies. Studies show that Trump’s biggest fans are unchurched. Trumpism is their religion. I’m no stranger to political speeches, which seasoned politicians always keep to 10 minutes or less. Trump’s hour and a half oratory was different. One woman told me that Trump “could speak so long, because he knows so much”. After Trump left the stage, cars started to fill up the Wawa fuel station. There were Teslas and big pickup trucks, and a few MAGA hats, t-shirts, and #FJB stickers. But it was remarkable how these hardcore Trump supporters blended in as the regular American citizens you would see at the strip mall or county park. Experts will say that Virginia is fool’s gold for the Republican Party, having gone 20 years voting for the Democrats. But Trump’s handlers knew what they were doing. Many of the cars came from rural North Carolina , the quintessential swing state audience, and the Chesapeake suburbanites added visual reinforcement to the rally, so important to Trump’s image as the American hero.