Monday, May 6, 2013

11th Circuit: Surprise -- Another Florida Law is Unconstitutional!

No, it's not the anti-Sharia "foreign" law (yet), this time it is about foreign law -- namely Cuba:
After careful review, we conclude that Odebrecht has demonstrated a substantial likelihood of success on its claim that the Cuba Amendment violates the Supremacy Clause of the Constitution under principles of conflict preemption. The Cuba Amendment conflicts directly with the extensive and highly calibrated federal regime of sanctions against Cuba promulgated by the legislative and executive branches over almost fifty years. The Supremacy Clause of the Constitution “provides a clear rule that federal law ‘shall be the supreme Law of the Land.’” Arizona v. United States, 132 S. Ct. 2492, 2500 (2012) (quoting U.S. Const. art. VI, cl. 2). The Cuba Amendment differs dramatically from the federal regime as to the entities covered, the actions triggering sanctions, and the penalties imposed. The Amendment also overrides the nuances of the federal law and weakens the President’s ability “to speak for the Nation with one voice in dealing” with Cuba. Crosby v. Nat’l Foreign Trade Council, 530 U.S. 363, 381 (2000). In addition, Odebrecht has demonstrated the other equitable requirements that warrant a preliminary injunction: Odebrecht would have suffered irreparable harm absent the injunction, the balance of harms strongly favored the injunction, and the injunction did not disserve the public interest. We affirm.
In other words -- good job, Judge Moore!

Herald coverage here.


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