OOIDA's Supreme Court challenge set for June 8 review

By Land Line staff | 5/25/2017

OOIDA’s Petition for Writ of Certiorari has been distributed to the justices of the U.S. Supreme Court for the June 8 conference.

The justices of the Supreme Court hold private conferences during each conference to review petitions of cases seeking to be heard before the court.

According to information provided by the Supreme Court’s public information office, cases appearing on a conference list may reasonably be expected to appear on the following Monday’s order list (the announcement of dispositions in pending cases) although this is not always the case.

There is at least one other possibility following the conference for the OOIDA petition.

On May 16, 2017, the Office of the U.S. Solicitor General informed Paul D. Cullen Sr., counsel for OOIDA, that the Department of Transportation had waived its right to file a brief in opposition to OOIDA’s petition to the U.S. Supreme Court to review the Association’s case on the electronic logging devices. The deadline for filing a brief in opposition to OOIDA’s petition was May 15.

Following the June 8 conference, the justices of the Supreme Court could direct the U.S. Solicitor General to file a response to the petition before deciding whether to hear the case or not.

Truckers’ rights under the Fourth Amendment are front and center in a petition from the Owner-Operator Independent Drivers Association asking the U.S. Supreme Court to review the Association’s case on the electronic logging mandate.

OOIDA’s litigation counsel, the Cullen Law Firm, filed the Petition for Writ of Certiorari with the U.S. Supreme Court on April 11. The filing formally requests that the Supreme Court review the ruling handed down by the U.S. Court of Appeals for the Seventh Circuit in October 2016.

This case primarily involves warrantless searches and seizures under the Fourth Amendment. In its petition to the Supreme Court, OOIDA also asks the court to determine whether the ELD rule violated the Fourth Amendment by failing to establish a regulatory structure at the state and federal levels that serves as a constitutionally adequate substitute for a warrant. In short, are there adequate restrictions on the ways the data is collected by the ELDs and used by state and federal law enforcement agencies?

The Supreme Court typically decides whether to grant a petition within six weeks from filing. Cullen said that there was a possibility that the Supreme Court might rule on whether to accept OOIDA’s petition before it adjourns for the summer in late June.

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From Tandem Thoughts: Why is it so critical for the Supreme Court to hear the ELD case?

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