Six OOIDA members ask Supreme Court to review 'PSP' ruling

By Sandi Soendker, Land Line editor-in-chief | Tuesday, June 13, 2017

Six OOIDA members have taken their case to the U.S. Supreme Court to review a lower court ruling. The petition has been distributed to the justices of the Supreme Court and scheduled for their conference on Thursday, June 15, 2017.

During the days following the conference, the court will decide whether it will hear the case.

The petition formally requests that the high court review a critical ruling regarding pre-employment screening program, or PSP, and a driver’s privacy.

This petition (for Writ of Certiorari) was filed in March with the U.S. Supreme Court by OOIDA’s litigation counsel, the Cullen Law Firm.

The case involves whether the DOT’s Federal Motor Carrier Safety Administration is acting legally in giving too much information on a driver to a potential employer. It was first filed in July 2014 in the U.S. District Court of Massachusetts. The original ruling was handed down Oct. 21, 2016, in favor of the FMCSA. A rehearing was denied Dec. 16, 2016, by the U.S. Court of Appeals for the First Circuit.

The Cullen Law Firm submitted a petition to the U.S. Supreme Court in March to review the ruling of the First Circuit and to question whether the First Circuit erred in several respects, conflicting with other circuit courts. The opposition – in this case the DOT – then may respond with a brief. If there is no response, it’s not likely the Supreme Court will grant the request for review. In late May, the Department of Transportation responded with its opposition brief. 

This petition is still going through the acceptance process, but it’s getting important attention.

The truckers’ petition for review – known as Flock v. DOT, or just “Flock” – was picked up quickly by SCOTUSblog, the acclaimed Supreme Court of the United States blog, as the “Petition of the Day.” That means the attorneys and SCOTUS watchers who write the blog think it is important enough for the high court to choose it from the many petitions submitted.

The plaintiffs in the case are OOIDA Members Thomas O. Flock, Dennis Thompson, Thomas Gooden, Douglas Heisler, Walter Johnson and Gayla Kyle.

Editor’s note: This case should not be confused with OOIDA’s ELD case, which also went to the U.S. Supreme Court as a petition to review. It was announced June 12 that the court had denied that request. OOIDA said today it’s not giving up the active opposition of the ELD mandate.

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