In a new development in the California Trucking Association (CTA) case seeking review by the U.S. Supreme Court, the court has asked the Solicitor General to provide input, to help determine whether the high court will hear the CTA’s case.
The petition for writ of certiorari in California Trucking Association v. Bonta states that the Federal Aviation Administration Authorization Act (FAAAA) of 1994 preempts application of AB 5 to interstate motor carriers and contrasts with an earlier ruling by the First Circuit on FAAAA preemption of a similar Massachusetts law.
“The importance of the nation’s motor carriers and truck drivers has never been clearer, as you can see from delays at the nation’s ports and other issues with the supply chain,” attorney Alexander Chemers of Ogletree Deakins, representing CTA in the case, said in an email response to the Northern California Record.
“We believe the request for the Solicitor General’s input highlights the importance of the litigation and the need for national uniformity in the rules that apply to the trucking industry. By adopting its own rules that constrain how trucking companies operate, the State of California has implicated not just local but national issues that merit federal intervention.”
As the federal government’s representative before the Supreme Court, the Solicitor General will provide information as requested.
“It is hard to predict how the Solicitor General will respond to the request, but we are hopeful the government’s submission will cover several areas, including the importance of independent contractor drivers to the national economy, the impact of AB 5 on the trucking industry, and the need to avoid a patchwork of rules across the United States,” Chemers said.
The high court makes such requests to the Solicitor General in select circumstances.
“It depends on the issue before the SCOTUS, but requests like this are more common in cases like this involving state laws that may intrude on federal authority,” Chemers said. “Over the next several months, the Solicitor General will review the parties’ briefing and gather information from stakeholders within the federal government, including the Department of Transportation.”
Chemers noted that since January 2020, a preliminary injunction has prevented the State of California from enforcing the state’s independent contractor law—known as AB 5 and sometimes referred to as the “ABC” test—as to motor carriers.
The Ninth Circuit set aside the injunction in a 2-1 ruling and declined to rehear the case en banc. The CTA now has an AB 5 stay pending petition for review by the Supreme Court.
“That preliminary injunction remains in place for now,” Chemers said. “If the SCOTUS ultimately decides not to hear the petition, then the State of California will be able to enforce AB 5 with far-ranging and potentially disastrous effects for the trucking industry and supply chain. As such, it is vital that the SCOTUS grant the petition.”